A defendant who has been served with a summons and complaint other than by personal delivery may defend the action upon the court's finding that the defendant did not personally receive notice of the summons and complaint in time to defend and has a potentially meritorious defense. The mere denial of receipt of the summons and complaint is insufficient to establish lack of actual notice.
Citimortgage v. Stuckova, NY Slip Op 06605 (2d Dep't November 24, 2021)
