Practice point: If served by means other than personal delivery, a person may defend the action within one year after learning of entry of the judgment on a showing that notice of the summons was not personally received in time to defend and that there is a meritorious defense, pursuant to CPLR 317.
Practitioners should note that, absent such a showing, vacating the judgment requires a reasonable excuse for the default and a potentially meritorious defense, pursuant to CPLR 5015(a)(1).
Case: M. R. v. 2526 Valentine LLC, NY Slip Op 00300 (1st Dept. 2009)
The opinion is here.
Tomorrow's issue: Employment Law.
