Opinion
October 13, 1998
Appeal from the Supreme Court, Queens County (Thomas, J.).
Ordered that the order is affirmed, with costs.
The plaintiff effected service upon the defendant by delivering a copy of the summons and complaint to the Superintendent of Insurance ( see, Insurance Law § 1212), and the defendant does not contend that the address on file with the Superintendent of Insurance was incorrect. Moreover, the defendant failed to rebut satisfactorily the evidence submitted by the plaintiff that a copy of the summons was delivered to it at its business address in Lake Success. Accordingly, the defendant failed to meet its burden of showing that it did not receive actual notice of the summons in time to defend ( see, CPLR 317; Eugene DiLorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Rivera v. 999 Realty Mgt., 246 A.D.2d 637).
Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.