N.Y. CPLR § 317

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 317 Defense by person to whom summons not personally delivered § 317. Defense by person to whom summons not personally delivered. Aperson served with a summons other than by personal delivery to him orto his agent for service designated under rule 318, within or withoutthe state, who does not appear may be allowed to defend the actionwithin one year after he obtains knowledge of entry of the judgment, butin no event more than five years after such entry, upon a finding of thecourt that he did not personally receive notice of the summons in timeto defend and has a meritorious defense. If the defense is successful,the court may direct and enforce restitution in the same manner andsubject to the same conditions as where a judgment is reversed ormodified on appeal. This section does not apply to an action fordivorce, annulment or partition.