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FORD v. 536 EAST 5TH STREET EQUITIES, INC.

304 A.D.2d 615 (2003)

757 N.Y.S.2d 473

JONATHAN FORD et al., Appellants, v. 536 EAST 5TH STREET EQUITIES, INC., Respondent.

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

Decided April 14, 2003.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to vacate the judgment entered upon its failure to appear or answer. 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 Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138, 142...

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