New York Law (NYLE) Practice Exam

Which of the following is NOT a way to appear in an action?

1. Serving an answer.

2. Serving a notice of appearance.

3. Making a motion to dismiss.

4. Agreeing to accept service of the complaint by mail.

The correct answer is: Agreeing to accept service of the complaint by mail.

In legal terms, appearing in an action signifies a defendant's acknowledgment of the court's jurisdiction over them. It also marks their participation in the proceedings. Serving an answer, serving a notice of appearance, and making a motion to dismiss all represent formal acts through which a party indicates their involvement in the case. When a party serves an answer, they are directly responding to the allegations made in the complaint, thus formally participating in the proceedings. Serving a notice of appearance is another straightforward method; it alerts the court and other parties that a party intends to participate in the action, establishing their presence in the legal matter. A motion to dismiss is also regarded as a form of appearance because it signifies that the party is contesting the action and engaging with the court by asking for the case to be dismissed. In contrast, agreeing to accept service of the complaint by mail does not constitute a formal appearance in the action. Rather, it is an agreement about how the complaint will be delivered to the party, and it does not indicate that the party is entering an appearance or responding to the action itself. This option merely pertains to service logistics rather than participation in the legal proceedings. Therefore, this distinction clarifies why it is not classified as a method of appearance in an