Westcott v. Niagara-Orient Agency, Inc.

— Order unanimously reversed, on the law, without costs, and motion granted, in accordance with the following memorandum: Defendant never received actual notice of the action because the summons and complaint served upon the Secretary of State were forwarded to defendant’s prior business address and returned by postal officials. Since defendant demonstrated a meritorious defense, the court abused its discretion by denying the motion to *558vacate the default judgment made pursuant to CPLR 317 (Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138; Zuppa v Bison Drywall & Insulation Co., 93 AD2d…