The defendant failed to rebut plaintiff's proof that defendant had received actual notice of the action in time to defend. The summons and complaint, with the motion for default judgment, were sent to defendant's president, and the order granting the default and directing an inquest was sent to the president at the same address. The affidavit of defendant's president claiming not to have received the complaint or default order was merely conclusory.
Frazier v. 811E. 178th St. Realty Corp., NY Slip Op 02722 (1st Dep't May 7, 2020)
Here is the decision.
