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KAVOURIAS v. BIG SIX PHARMACY INCORPORATED

262 A.D.2d 456 (1999)

692 N.Y.S.2d 171

STAMATIOS KAVOURIAS, Appellant, v. BIG SIX PHARMACY INCORPORATED, Doing Business as JOHN'S PHARMACY, et al., Respondents, et al., Defendant.

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

Decided June 14, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 317, relief from a default may be obtained upon a showing that a defendant did not receive actual notice of the summons in time to defend, and has a meritorious defense (see, CPLR 317; Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138; Concepcion v Talon Realty Corp., 258 A.D.2d 494

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