Opinion
570636/08.
Decided on March 13, 2009.
Plaintiff appeals from an order of the Civil Court, New York County (Matthew F. Cooper, J.), entered March 27, 2008, which granted defendant's motion to vacate a default judgment.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Order (Matthew F. Cooper, J.), entered March 27, 2008, affirmed, without costs.
A corporation's failure to file a change of address with the Secretary of State does not constitute a per se barrier to vacatur of a default judgment pursuant to CPLR 317, which permits a defendant who has been "served with a summons other than by personal delivery" and "who does not appear" to defend the action "upon a finding of the court that he did not personally receive notice of the summons in time to defend and has a meritorious defense" ( see Arabesque Recordings LLC v Capacity LLC , 45 AD3d 404). The affidavit submitted by defendant's officer established that defendant did not receive personal notice of the summons in time to defend and that it has a possible meritorious defense to plaintiff's vaguely stated negligence claim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur