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COUNTRY-WIDE INS. CO. v. POWER SUPPLY, INC.

10679N, 106110/11.

179 A.D.3d 405 (2020)

116 N.Y.S.3d 231

2020 NY Slip Op 00038

Country-Wide Insurance Company et al., Respondents, v. Power Supply, Inc., Appellant.

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

Decided January 2, 2020.

Defendant failed to show that its default should be vacated under either CPLR 317 or 5015(a)(1). Under CPLR 317, defendant was required to demonstrate that it did not receive notice of the summons in time to defend and that it had a meritorious defense (see Gonzalez v City of New York, 106 A.D.3d 436, 437 [1st Dept 2013]). Defendant's conclusory denial of receipt of the summons and complaint from the Secretary of State, although...

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