BROCKINGTON v. BROOKFIELD DEVELOPMENT CORPORATION


308 A.D.2d 498 (2003)

764 N.Y.S.2d 469

ISAAC BROCKINGTON et al., Appellants, v. BROOKFIELD DEVELOPMENT CORPORATION, Respondent.

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

Decided September 22, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 317 to vacate a judgment entered upon its failure to appear or answer. A defendant is entitled to vacatur of a default judgment if it establishes that it did not receive personal notice of the summons in time to defend, and has a meritorious defense (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., ...

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