Pursuant to CPLR 317, a defendant who is served other than by personal delivery may defend the action within one year after learning of entry of the judgment on a finding that the summons was not received in time to defend and that there is a potentially meritorious defense.
Benchmark Farm, Inc. v. Red Horse Farm, LLC, NY Slip Op 04522 (2d Dep't June 20, 2018)
Here is the decision.
