Taieb v. Hilton Hotels Corp. , 60 N.Y.2d 725 ( 1983 )

OPINION OF THE COURT

Order reversed, with costs, plaintiffs’ motions for default judgment denied, defendant-appellant’s motion to compel plaintiffs to accept its answer granted, and question certified answered in the negative. The allegation that defendant did not personally receive notice of the summons in time to defend is not contested and defendant may have a meritorious defense (CPLR 317).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.