N.Y. Civil Practice Law & Rules § 317: Defense by person to whom summons not personally delivered

§ 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.