Which of the following constitutes an appearance by the defendant?

• A. Serving an answer
• B. Making a motion
• C. Serving notice of appearance
• D. All of the above

Answer: (D)

In New York civil procedure, an appearance happens whenever a defendant takes action in the case that acknowledges the court’s authority and shows participation in the lawsuit. Serving an answer counts because it directly responds to the complaint and signals the defendant’s intent to contest the claims within the court’s jurisdiction. Serving a notice of appearance is an explicit recognition that the defendant is participating and will litigate, which by itself satisfies the notion of appearing. Making a motion also counts, since it demonstrates ongoing involvement in the action and a willingness to have the court decide the issues, again recognizing the court’s power to proceed.

Because each of these actions shows the defendant engaging with the case and submitting to the court’s jurisdiction, all of the above constitutes an appearance.