PERSAUD v. GALLANTE PROPERTIES, INC

Ordered that the orders are affirmed, with one bill of costs.

Pursuant to CPLR 317, relief from a judgment entered upon default may be obtained upon a showing that the defendant did not receive actual notice of the summons in time to defend and has a meritorious defense ( see Udell v. Alcamo Supply Contr. Corp., 275 AD2d 453; Concepcion v. Talon Realty Corp., 258 AD2d 494). Here, the defendant made such showing. Accordingly, the Supreme Court properly granted the motion to vacate the judgment entered upon default. Moreover, given that the judgment was properly vacated, the order directing the plaintiffs to either return the sum of $9,897.99 to the defendant or post a surety bond in that amount was proper.