After having been served with process, a defendant must respond in a proper and timely manner in order to avoid a default. The defendant must appear within 20 days of service of a summons, or within 30 days of service where service was made by delivering the summons "to an official of the state authorized to receive service in his behalf," pursuant to CPLR 320[a]. The CPLR sets forth three ways that a defendant may appear: [1] by serving an answer, or [2] by serving a notice of appearance, or [3] by making a motion to extend the time to answer. The defendant's failure to respond to a summons and complaint in one of these three ways constitutes a failure to appear, pursuant to CPLR 3215.
21st Mtge. Corp. v. Raghu, NY Slip Op 05016 (2d Dep' September 22, 2021)
