Career Placements Inc. v. Sibilia

Plaintiff moves to enter default judgment. The notice of motion was served by mail. The action was begun by serving defendant by substituted service. Since more than one year has passed since the default, the complaint must be dismissed as abandoned unless plaintiff shows sufficient cause why such action .should not be taken (CPLR 3215, subd. [c]).

There is a serious question as to whether, defendant ever received notice of the action or of this motion.

The affidavit of the process server consists of a printed form. In a large open space he listed four dates on which he attempted service of the…