2 New York Civil Practice: CPLR P 320.00

Summary

CPLR 320 provides for the appearance of a defendant by service of an answer or a notice of appearance or by making a motion. The statute also provides for a limited appearance by a defendant in an action based on quasi in rem (“attachment”) jurisdiction. Additional forms of appearance exist under CPLR 302(c) (“restricted appearance”) and, pursuant to case law, informal and qualified appearances are permitted.

A defendant served with process in hand within New York State must appear within 20 days after service unless a duly executed stipulation extends the time to appear. In all other cases where in hand service within the state is not made, the defendant has additional time to appear as defined by statutory law.1

A defendant’s failure to properly and timely appear under CPLR 320 may result in a default judgment or in the waiver of certain jurisdictional defenses.2