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This entry was published on 2014-09-22
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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.