There is a newer version of the New York Laws
2022
2021
2020
2019 (you are here)
2018
Other previous versions
View our newest version here

2019 New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
317 - Defense by Person to Whom Summons Not Personally Delivered.

Universal Citation: NY CPLR § 317 (2019)
Previous Next 
§  317. Defense by person to whom summons not personally delivered.  A
  person served with a summons other than by personal delivery to  him  or
  to  his  agent  for service designated under rule 318, within or without
  the state, who does not appear may  be  allowed  to  defend  the  action
  within one year after he obtains knowledge of entry of the judgment, but
  in no event more than five years after such entry, upon a finding of the
  court  that  he did not personally receive notice of the summons in time
  to defend and has a meritorious defense. If the defense  is  successful,
  the  court  may  direct  and  enforce restitution in the same manner and
  subject to the same conditions  as  where  a  judgment  is  reversed  or
  modified  on  appeal.  This  section  does  not  apply  to an action for
  divorce, annulment or partition.

Previous Next
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.