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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Benchmark Farm, Inc. v. Red Horse Farm, LLC, 2018 NY Slip Op 4522 (2018)

Citation
Benchmark Farm, Inc. v. Red Horse Farm, LLC, 2018 NY Slip Op 4522 (2018)
Parent Document
Benchmark Farm, Inc. v. Red Horse Farm, LLC, 2018 NY Slip Op 4522 (2018)
Jurisdiction
New York (state)
Effective Date
2018-06-20

Full Text

488 chars
A defendant who has been served with a summons other than by personal delivery may be allowed to defend the action within one year after he or she obtains knowledge of entry of the judgment upon a finding of the court that the defendant did not personally receive notice of the summons in time to defend and has a potentially meritorious defense (see CPLR 317; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141-142; Dalton v Noah Constr. & Bldrs., Inc., 136 AD3d 730, 731).