CONCEPCION v. TALON REALTY CORP

Ordered that the order is affirmed, without costs or disbursements.

Pursuant to CPLR 317, relief from a default judgment 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, CPLR 317; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Mann-Tell Realty Corp. v. Cappadora Realty Corp., 184 A.D.2d 497, 498). The defendant established that service of process was made by a method other than personal delivery pursuant to CPLR 308 N.Y.C.P.L.R. (1) or (3), that it did not receive actual notice of the summons in time to defend ( see, Fleetwood Park Corp. v. Jerrick Waterproofing Co., 203 A.D.2d 238, 239; National Bank v. Grasso, 79 A.D.2d 871), and that it has a meritorious defense ( see, Anamdi v. Anugo, 229 A.D.2d 408).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.