Walkes v. Benoit

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 2, 1998, which denied plaintiff’s motion for default judgment and inquest, unanimously reversed, on the law, without costs, the motion default is granted, and the matter is remitted for inquest on the question of damages.

In this action by a passenger against the driver of a tour bus involved in an accident in New Jersey, the process server submitted an affidavit attesting to service of the summons and complaint by affixing and mailing at defendant’s residence after duly diligent efforts at personal service (CPLR 308 [4]). A…