Ordered that the order is reversed, on the facts, with costs, the defendant's motion is granted, the order dated October 3, 2003, is vacated, and the answer attached to the defendant's motion papers is deemed served.
The Supreme Court erred in denying the defendant's motion to vacate the order dated October 3, 2003. CPLR 317 provides, inter alia, that a defendant is entitled to vacatur if it establishes that it did not receive personal notice of the summons in time...
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