Appellate Division of the Supreme Court of the State of New York November 22, 2011 (Newman v. Old Glory Real Estate Corp.)

Defendant established that “[it] did not receive personal notice of the summons in time to defend and has a meritorious defense” (CFLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141-142 [1986]). The record shows that process was served on the Secretary of State and sent to the wrong address.