United States · New York civil procedure
When can a defendant seek relief under CPLR 317?
CPLR 317 requires relief within one year after knowledge of judgment entry and never more than five years after entry, with its service and defense conditions.
- Period
- Variable or combined statutory windows
- Trigger
- Both actual judgment entry and the defendant’s knowledge of that entry
- Rule
- CPLR 317
Current official provision, website revision from 2014-09-22. Reviewed. A revision label is not an inferred effective date.
Source guide · No automated date
When can a defendant seek relief under CPLR 317?
The controlling date is the earlier of one year after knowledge of entry and five years after entry. The single-input preset cannot compare those two dates.
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Which event starts the CPLR 317 requirement?
Preserve the judgment’s entry date and evidence of when the defendant learned of entry.
Establish nonpersonal summons delivery, no appearance, no timely personal notice and a meritorious defense.
Responsible actor. The nonappearing defendant seeking permission to defend. CPLR 317 nonpersonal summons delivery, lack of timely personal notice and a meritorious defense. Both timing dates are required.
CPLR 317Which separate windows or schedule must be established?
- Preserve the judgment’s entry date and evidence of when the defendant learned of entry.
- Establish nonpersonal summons delivery, no appearance, no timely personal notice and a meritorious defense.
- Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
- Apply to the court within both statutory boundaries. The court must find the lack-of-notice and defense conditions before allowing the defense.
The controlling date is the earlier of one year after knowledge of entry and five years after entry. The single-input preset cannot compare those two dates.
CPLR 317Why does one date not resolve this requirement?
Fictitious comparison. Two defendants learning of entry on the same day may have different earlier judgment-entry dates. One can reach the five-year cap before its knowledge year ends.
The controlling date is the earlier of one year after knowledge of entry and five years after entry. The single-input preset cannot compare those two dates.
Which facts change this requirement?
- Earlier controlling boundary
- A one-year knowledge date cannot extend the five-year entry cap.
- Excluded delivery
- Personal delivery to the defendant or its designated CPLR 318 service agent does not satisfy this procedure.
- Excluded actions
- CPLR 317 does not apply to divorce, annulment or partition.
- Combined procedure or actual schedule
- The controlling date is the earlier of one year after knowledge of entry and five years after entry. The single-input preset cannot compare those two dates.
- CPLR 317 nonpersonal summons delivery, lack of timely personal notice and a meritorious defense. Both timing dates are required.
- The controlling date is the earlier of one year after knowledge of entry and five years after entry. The single-input preset cannot compare those two dates.
Which completed acts and evidence should be retained?
Questions about CPLR 317
When can a defendant seek relief under CPLR 317?
Does late discovery give a fresh full year beyond five years?
No. The five-year entry cap remains absolute in the text.
CPLR 317Does nonpersonal delivery guarantee relief?
No. The court must also find no personal notice in time to defend and a meritorious defense.
CPLR 317Is judgment entry the one-year trigger?
The one-year component uses knowledge of entry. The five-year component uses entry itself.
CPLR 317Official procedural, counting and completion sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| CPLR 317 | The particular actor, event, period and required act |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |