FATIMA v. TWENTY

Ordered that the order is affirmed, with costs.

While the defendant's failure to keep a current address on file with the Secretary of State did not constitute a reasonable excuse to vacate its default under CPLR 5015 (a) (1) (see Franklin v 172 Aububon Corp., 32 AD3d 454; Santiago v Sansue Realty Corp., 243 AD2d 622, 623; Conte Cadillac v C.A.R.S. Purch. Serv., 126 AD2d 621, 622), it was still entitled to vacatur of the judgment pursuant to CPLR 317. That statute permits a defendant who has been "served with a summons other than by personal delivery" to seek relief from a default upon a showing that it did not receive notice of the summons in time to defend and has a meritorious defense (CPLR 317; see Taieb v Hilton Hotels Corp., 60 NY2d 725; Franklin v 172 Aububon Corp., 32 AD3d 454; Brockington v Brookfield Dev. Corp., 308 AD2d 498; Samet v Bedford Flushing Holding Corp., 299 AD2d 404, 405). The affidavit of the defendant's president set forth sufficient facts to warrant relief from its default under CPLR 317.