A defaulting defendant that was served with a summons other than by personal delivery may be permitted to defend the action upon the court's finding that the defendant did not personally receive notice of the summons in time to defend and has a meritorious defense. Service on a limited liability company through the Secretary of State does not constitute personal delivery. The mere denial of receipt of the summons and complaint is not sufficient to establish lack of actual notice of the action in time to defend.
Andrews v. Wartburg Receiver, LLC, NY Slip Op 01980 (2d Dep't March 23, 2022)
