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SFR FUNDING, INC. v. STUDIO FIFTY CORP.

36 A.D.3d 604 (2007)

829 N.Y.S.2d 137

SFR FUNDING, INC., Appellant, v. STUDIO FIFTY CORP. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 9, 2007.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the judgment dated April 7, 2006 is reinstated.

The defendants failed to demonstrate that they did not personally receive notice of the summons in time to defend the action, as required to obtain relief from a default judgment pursuant to CPLR 317 (see Commissioners of State Ins. Fund v Nobre, Inc., 29 A.D.3d 511

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