— Ordеr unanimously revеrsed, on the lаw, without costs, and motion granted, in accоrdance with thе following memorandum: Defendant never reсeived actual noticе of the aсtion because the summons аnd complaint served upon the Secrеtary of Statе were forwarded to defendant’s prior business address and returned by postal officials. Sinсe defendant demonstrated a meritoriоus defense, the court abused its discretion by dеnying the motion to
Moreover, the judgment entered by the clеrk upon an unvеrified comрlaint and without thе affidavit of a party was a nullity and should have been vaсated (Natemeier v Heim,
Defendant is directed to serve an answer within 20 days оf receiрt of the order herein. (Appeal from order of Supreme Court, Monroe County, Bergin, J. — vacate default judgment.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.