New York § 317 Defense by person to whom summons not personally delivered

New York Statutes

§ 317 — Defense by person to whom summons not personally delivered

New York § 317

Law CVPCivil Practice Law & Rules

Art. 3Jurisdiction and Service, Appearance and Choice of Court

This text of New York § 317 (Defense by person to whom summons not personally delivered) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Civil Practice Law & Rules § 317 (2026).

Text

  § 317. Defense by person to whom summons not personally delivered.  A\nperson served with a summons other than by personal delivery to him or\nto his agent for service designated under rule 318, within or without\nthe state, who does not appear may be allowed to defend the action\nwithin one year after he obtains knowledge of entry of the judgment, but\nin no event more than five years after such entry, upon a finding of the\ncourt that he did not personally receive notice of the summons in time\nto defend and has a meritorious defense. If the defense is successful,\nthe court may direct and enforce restitution in the same manner and\nsubject to the same conditions as where a judgment is reversed or\nmodified on appeal. This section does not apply to an action for\ndivorce, annulment or 

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§ 317. Defense by person to whom summons not personally delivered. A\nperson served with a summons other than by personal delivery to him or\nto his agent for service designated under rule 318, within or without\nthe state, who does not appear may be allowed to defend the action\nwithin one year after he obtains knowledge of entry of the judgment, but\nin no event more than five years after such entry, upon a finding of the\ncourt that he did not personally receive notice of the summons in time\nto defend and has a meritorious defense. If the defense is successful,\nthe court may direct and enforce restitution in the same manner and\nsubject to the same conditions as where a judgment is reversed or\nmodified on appeal. This section does not apply to an action for\ndivorce, annulment or partition.\n