Wiley v. Lipset

The record indicates, through the affidavit of a process server, that plaintiff served the defendant by substituted service (see, CPLR 308 [4]) on January 14, 1985. The defendant failed to answer and a default judgment was entered on *337September 17, 1985. However, the plaintiff never filed proof of the substituted service as required by CPLR 308 (4). Accordingly, the defendant’s time to answer never began to run (see, CPLR 308 [4]; 320 [a]) and the default judgment was improperly entered (see, Marazita v Nelbach, 91 AD2d 604). The Supreme Court, Suffolk County, therefore correctly granted that…