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COHEN v. MICHELLE TENANTS CORP.

63 A.D.3d 1097 (2009)

882 N.Y.S.2d 282

AMY COHEN, Appellant-Respondent, v. MICHELLE TENANTS CORP., Respondent-Appellant.

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

Decided June 30, 2009.

Ordered that the order dated February 26, 2008 is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

CPLR 317 permits a defendant who has been "served with a summons other than by personal delivery" to defend the action upon a finding of the court that the defendant "did not personally receive notice of the summons in time to defend and has a meritorious defense" (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co.,<...

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