Diblasio v. Kaufman

—In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Kings County (Belen, J.), dated July 12, 2000, which granted the defendants’ motion to vacate a judgment of the same court, dated November 11, 1996, entered upon their default in answering the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

To vacate a default judgment pursuant to CPLR 317, a defendant must show that he or she did not receive actual notice of the summons in time to defend the action, and a…