Opinion
570910/03.
Decided May 5, 2004.
Plaintiff appeals from an order of the Civil Court, New York County, entered October 6, 2003 (Paul G. Feinman, J.) which granted defendant's motion to vacate a default judgment.
Order entered October 6, 2003 (Paul G. Feinman, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.
Defendant's brief default in answering the complaint was properly vacated upon affidavits establishing that defendant had not personally received notice of the summons in time to defend, and that it had a potentially meritorious defense to the action ( see, CPLR 317; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 NY2d 138, 141-142; Raiola v. 1944 Holding Ltd., 1 AD3d 296). There is no basis to conclude that defendant deliberately attempted to avoid notice of this action, which was commenced by service upon the Secretary of State.
This constitutes the decision and order of the court.