Pursuant to CPLR 317, a defendant who has been served with a summons other than by personal delivery may defend the action on the court's finding that the defendant did not personally receive notice of the summons in time to defend, and has a potentially meritorious defense. Service on a corporation through the secretary of state is not personal delivery. The mere denial of receipt of the summons and complaint is not sufficient to establish lack of actual notice of the action.
Stevens v. Stepanski, NY Slip Op 05954 (2d Dep't August 29, 2018)
Here is the decision.
