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New York Civil Practice Law and Rules 317 - Defense By Person To Whom Summons Not Personally Delivered.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 317 - Defense By Person To Whom Summons Not Personally Delivered.

    § 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.

Last modified: July 31, 2006