MORGAN v. SULLIVAN


158 A.D.2d 927 (1990)

Mark Morgan, Respondent, v. Gregory Sullivan, Doing Business as Penny Arcade Pizza Parlor, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly exercised its discretion in denying defendant Sullivan's application to vacate a default judgment and for leave to interpose an answer. A person seeking relief pursuant to CPLR 317 must demonstrate that he did not personally receive notice of the summons in time to defend and that he has a meritorious defense (see, Marine Midland Bank v Tooker, 78 A...

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