July 23, 2008

Service.

Practice point: Pursuant to CPLR 317, a defendant who has been served with a summons other than by personal delivery may seek relief from a default upon a showing that it did not receive notice of the summons in time to defend, and that it has a meritorious defense.

Case: Fatima v. Twenty Seven-Twenty Four Realty Corp., NY Slip Op 06284 (2d Dept. 2008)

Click here for the uncorrected opinion.