Johnson v. Deas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 21, 2005, which, in a personal injury action, granted plaintiffs motion for a default judgment, reversed, on the law, without costs, the default vacated and the matter remanded for a traverse hearing.
The affidavit of service, filed on October 20, 2004, states that defendant was served that day by delivery of a true copy of the summons and complaint with a person of suitable age and discretion, identified as a relative, “Maria Deas,” at “defendant’s actual dwelling house — usual place of abode” at 310 East 102nd…
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