(b) When appearance confers personal jurisdiction, generally. Subject
to the provisions of subdivision (c), an appearance of the defendant is
equivalent to personal service of the summons upon him, unless an
objection to jurisdiction under paragraph eight of subdivision (a) of
rule 3211 is asserted by motion or in the answer as provided in rule
3211.
(c) When appearance confers personal jurisdiction, in certain actions;
limited appearance. When the court's jurisdiction is not based upon
personal service on the defendant, an appearance is not equivalent to
personal service upon the defendant:
1. in a case specified in subdivision (3) of section 314, if
jurisdiction is based solely upon a levy on defendant's property within
the state pursuant to an order of attachment; or
2. in any other case specified in section 314, if an objection to
jurisdiction under paragraphs eight or nine of subdivision (a) of rule
3211, or both, is asserted by motion or in the answer as provided in
rule 3211, unless the defendant proceeds with the defense after
asserting the objection to jurisdiction and the objection is not
ultimately sustained.
(d) Appearance after first publication. Where the defendant appears
during the period of publication of a summons against him, the service
by publication shall be deemed completed by the appearance.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
301 - Jurisdiction Over Persons, Property or Status.
302 - Personal Jurisdiction by Acts of Non-Domiciliaries.
303 - Designation of Attorney as Agent for Service.
304 - Method of Commencing Action or Special Proceeding.
R305 - Summons; Supplemental Summons, Amendment.
306-A - Index Number in an Action or Proceeding Commenced in Supreme or County Court.
306-C - Notice of Commencement of Action for Personal Injuries by Recipient of Medical Assistance.
306-D - Additional Mailing of Notice in an Action Arising Out of a Consumer Credit Transaction.
307 - Personal Service Upon the State.
308 - Personal Service Upon a Natural Person.
309 - Personal Service Upon an Infant, Incompetent or Conservatee.
310 - Personal Service Upon a Partnership.
310-A - Personal Service Upon a Limited Partnership.
311 - Personal Service Upon a Corporation or Governmental Subdivision.
311-A - Personal Service on Limited Liability Companies.
312 - Personal Service Upon a Court, Board or Commission.
312-A - Personal Service by Mail.
313 - Service Without the State Giving Personal Jurisdiction.
314 - Service Without the State Not Giving Personal Jurisdiction in Certain Actions.
315 - Service by Publication Authorized.
R316 - Service by Publication.
317 - Defense by Person to Whom Summons Not Personally Delivered.
R318 - Designation of Agent for Service.
R320 - Defendant's Appearance.
R322 - Authority for Appearance of Attorney in Real Property Action.
R328 - Assistance to Tribunals and Litigants Outside the State.