Opinion
570145/04.
Decided October 7, 2004.
Defendant appeals from an order of the Civil Court, New York County, entered November 18, 2003 (Eileen N. Nadelson, J.) which denied its motion to vacate a default judgment.
Order entered November 18, 2003 (Eileen N. Nadelson, J.) reversed, without costs, motion granted, default judgment vacated, and the matter remanded for further proceedings.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Defendant demonstrated entitlement to relief from its brief default in answering the complaint upon its submission of affidavits establishing that it 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.