Pursuant to CPLR 317, a defaulting defendant who was served with a summons other than by personal delivery may be permitted to defend the action upon a finding by the court that the defendant did not personally receive notice of the summons in time to defend and has a potentially meritorious defense. A motion pursuant to CPLR 3012(d) to extend the time to answer the complaint requires the movant to establish a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action,
Funding NY , LLC v. 1237 Dean Street Corp., NY Slip Op 02904 (2d Dep't May 29, 2024)
