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FENNELL v. MASON

204 A.D.2d 599 (1994)

612 N.Y.S.2d 416

Louis Fennell, Respondent, v. C. Vernon Mason, Appellant

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

May 23, 1994

Ordered that the orders are affirmed, with one bill of costs.

Contrary to the defendant's contention, the Supreme Court properly denied his motion to vacate his default in responding to the summons with notice. The motion to vacate could not be made pursuant to CPLR 317, inasmuch as the defendant did not allege, nor does the record establish, that he "did not personally receive notice of the summons in time to defend" (CPLR 317; see generally, Eugene Di...

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