Le Cesse v. Giancursio

Order unanimously reversed, without costs, and motion granted. Memorandum: In this action to recover damages allegedly sustained through defendant’s negligent operation of an oxyaeetylene torch, resulting in a fire on premises owned by plaintiff, the summons and complaint were served by substituted service on February 22, 1971 and proof of service was filed on February 26. On March 15, well within the time to answer, defendant delivered the papers to his insurance carrier. However, no timely answer was served and on May 17 a default judgment was entered. An answer dated April 14 served on…