N.Y. CVP Law § 317
This is the official text of N.Y. CVP Law § 317, part of New York’s CVP Law — part of the compiled statutory law of New York, published by the state as "CVP Law." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Defense by person to whom summons not personally delivered
Official statutory text
§ 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
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.