§ 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
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.