Johnson v. Waters

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated April 20, 1998, which denied his motion pursuant to CPLR 3215 for leave to enter a judgment against the defendant upon his failure to timely appear or answer.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

A process server made three attempts to serve the defendant at his residence. One of those attempts was during normal working hours, one on Wednesday evening, and one a Saturday morning. When the process…