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DIBLASIO v. KAUFMAN

282 A.D.2d 496 (2001)

722 N.Y.S.2d 880

PHYLLIS DIBLASIO et al., Appellants, v. JEFFREY B. KAUFMAN et al., Respondents.

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

Decided April 9, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

To vacate a default judgment pursuant to CPLR 317, a defendant must show that he or she did not receive actual notice of the summons in time to defend the action, and a meritorious defense (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138; Udell v Alcamo Supply & Contr. Corp.,

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