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BOOSO v. TAUSIK BROS., LLC

2015-10234, Index No. 15152/10.

148 A.D.3d 1108 (2017)

2017 NY Slip Op 02400

49 N.Y.S.3d 311

MIRIAM BOOSO, Appellant, v. TAUSIK BROTHERS, LLC, Respondent.

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

Decided March 29, 2017.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 317, a defaulting defendant who was "served with a summons other than by personal delivery" may be permitted to defend the action upon a finding by the court that the defendant did not personally receive notice of the summons in time to defend and has a potentially meritorious defense (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138

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