N.Y. Civil Practice Law & Rules Section 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.

Source: Section 317 — Defense by person to whom summons not personally delivered, https://www.­nysenate.­gov/legislation/laws/CVP/317 (updated Sep. 22, 2014; accessed Jan. 31, 2026).

301
Jurisdiction over persons, property or status 302
Personal jurisdiction by acts of non-domiciliaries 303
Designation of attorney as agent for service 304
Method of commencing action or special proceeding 305
Summons 306
Proof of service 306–A
Index number in an action or proceeding commenced in supreme or county court 306–B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or... 306–C
Notice of commencement of action for personal injuries by recipient of medical assistance 306–D
Additional mailing of notice in an action arising out of a consumer credit transaction 307
Personal service upon the state 308
Personal service upon a natural person 309
Personal service upon an infant, incompetent or conservatee 310
Personal service upon a partnership 310–A
Personal service upon a limited partnership 311
Personal service upon a corporation or governmental subdivision 311–A
Personal service on limited liability companies 312
Personal service upon a court, board or commission 312–A
Personal service by mail 313
Service without the state giving personal jurisdiction 314
Service without the state not giving personal jurisdiction in certain actions 315
Service by publication authorized 316
Service by publication 317
Defense by person to whom summons not personally delivered 318
Designation of agent for service 320
Defendant’s appearance 321
Attorneys 322
Authority for appearance of attorney in real property action 325
Grounds for removal 326
Procedure on removal 327
Inconvenient forum 328
Assistance to tribunals and litigants outside the state
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Verified:
Jan. 31, 2026

Last modified:
Sep. 22, 2014

§ 317. Defense by person to whom summons not personally delivered's source at nysenate​.gov

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