Harris v. Kaulius

FREEDBERG, J.,

Thismatteris before the court on defendant’s petition to open and *637strike the default judgment taken by plaintiff. The complaint was filed on November 7, 1979. On February 1, 1980 the attorney for plaintiff filed an affidavit stating, in relevant part, “The complaint in assumpsit . . . was mailed by certified mail (restricted delivery) to the defendant... on November 8, 1979, at his address in New Jersey, that the aforesaid letter was not able to be delivered by the Post Office, although the address was correct and defendant had not moved, that defendant was notified by the Post…