CPLR 317 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 316 Service by publication up ARTICLE 3 Jurisdiction and Service, Appearance and Choice of Court next SECTION 318 Designation of agent for service Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 317 Defense by person to whom summons not personally delivered Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3 § 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.