New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

The correct answer is one year. Under New York law, a defendant who has not been personally served with a summons can still challenge a judgment if they become aware of it. This provision is essential for ensuring that individuals who may not have received proper notice of a legal proceeding have an opportunity to defend themselves.

Specifically, the timeframe allowed for defending against the judgment extends to one year from the date the defendant learns about the entry of the judgment. This time limitation helps to balance the need for finality in judicial decisions with the principle of fairness, ensuring that a party is not precluded from seeking relief if they were unaware of the proceedings that led to the judgment.

Other time frames suggested by the other options are not consistent with the legal requirements outlined in New York statutes. Time limits shorter than a year, like six months, do not provide sufficient opportunity for individuals to react to a judgment of which they were unaware. Lengthier durations like two or three years extend beyond the statutory limit and would create ambiguity and uncertainty in the enforcement of judgments. Therefore, the one-year period is specifically designed to accommodate the need for defendants to be informed and to respond appropriately in a timely manner.