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https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-3012.html
(b) Service of complaint where summons served without complaint. If the complaint is not served with the summons, the defendant may serve a written demand for the complaint within the time provided in subdivision (a) of rule 320 for an appearance. Service of the complaint shall be made within twenty days after service of the demand.
https://law.justia.com/codes/new-york/2012/cvp/article-30/3012/
Service of an answer or reply shall be made within twenty days after service of the pleading to which it responds. (b) Service of complaint where summons served without complaint. If the complaint is not served with the summons, the defendant may serve a written demand for the complaint within the time provided in subdivision (a) of rule 320 ...
https://www.avvo.com/legal-answers/how-many-days-doyou-have-to-file-a-answer-in-nys-t-213482.html
How many days doyou have to file a answer in NYS Trial Court? When filing an Answer to a claim filed, how many days does one have to submit the answer in New York State Court?
https://www.martindale.com/insurance/article_Marshall-Dennehey-Warner-Coleman-Goggin_2194338.htm
Mar 05, 2015 · (Service of interlocutory papers - CPLR §2103(b).) The answer is thereafter due 20 days from receipt of the complaint (CPLR §3012). When litigation is commenced by either the filing of a summons and complaint or a summons and endorsed complaint, an answer is then to be served.
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3025.html
New York Civil Practice Law and Rules CVP NY CPLR Rule 3025. Read the code on FindLaw Explore Resources For... Cases & Codes. Practice Management. Legal Technology ... or within twenty days after service of a pleading responding to it. ... there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required ...
https://law.justia.com/codes/new-york/2012/cvp/article-3/312-a/
If you have received a complaint or petition with this statement, the return of this statement and acknowledgement does not relieve you of the necessity to answer the complaint or petition. The time to answer expires twenty (20) days after the day you mail or deliver this form to the sender.
https://fhnylaw.com/court-addresses-question-concerning-filing-papers-proceedings-cplr-last-day-file-falls-weekend-holiday/
Mar 25, 2019 · Under CPLR § 214(5), the statute of limitations for a negligence cause of action is three years. Once the complaint is filed, pursuant to CPLR § 306-b, the plaintiff has one hundred twenty (120) days to effectuate service on the defendant(s). Estate of Jervis v.
https://fhnylaw.com/plaintiffs-filing-affidavit-service-summons-complaint-several-days-late-results-vacatur-default-judgment-obtained-six-years-earlier/
Aug 24, 2018 · The Second Department found that because the affidavit of service was not filed within 20 days of the later of the mailing or affixing, “service was never completed” and the “defendant’s time to answer the complaint had not yet started to run and, therefore, she could not be in default.
https://www.grahamborgese.com/debthappens-blog/ive-been-served-how-much-time-do-i-have-to-file-an-answer
How much time do I have to file an Answer? Depending on how you were served the Summons & Complaint, you will have either twenty (20) or thirty (30) days to file your Answer. The clock begins to tick the day following the date you were served.
https://marshalldennehey.com/articles/new-york-practice-responding-complaint
Mar 01, 2015 · (Service of interlocutory papers – CPLR §2103(b).) The answer is thereafter due 20 days from receipt of the complaint (CPLR §3012). When litigation is commenced by either the filing of a summons and complaint or a summons and endorsed complaint, an answer is then to be served.
https://www.avvo.com/legal-answers/i-have-read-cplr-3025--but-regarding-the-time-that-1647440.html
Mar 20, 2014 · There are three different ways to amend the Complaint in CPLR 3025(a) and (b). While the statute may seem simple, it is anything but as you can definitely amend within 20 days after service of the Summons and Complaint or within 20 days after service of the Answer.
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1969&context=lawreview
CPLR 3211(a), and the plaintiff amends the complaint, the de-fendant may not include that objection in an answer to the amended complaint; the objection is waived CPLR 32111 is the primary vehicle by which a party to a law-suit may move for pre-trial dismissal of a cause of action or a de-fense. 2Author: Leanne Sinclair Jacobs
http://blogs.smartrules.com/cross-claims-in-new-york-supreme-court-at-a-glance/
Oct 18, 2017 · Cross-claims may be included in the defendant’s answer. CPLR 3011. Accordingly, the cross-claim should, under normal circumstances, be asserted within the same time allowed for the answer, typically twenty (20) days. See New York SmartRules TM procedural guide: ANSWER for more about answer timing requirements. Cross-claim Rules
https://www.schlamstone.com/defendant-waived-personal-jurisdiction-defense-by-not-moving-to-dismiss-within-60-days-of-answer/
Apr 05, 2018 · Insofar as is relevant to this appeal, the plaintiff argued that the homeowner had waived the defense of lack of personal jurisdiction by failing to move to dismiss the complaint on this ground within 60 days of service of his answer, and that service of …
https://www.michaels-smolak.com/files/UntimelyServiceOf.pdf
Federal Rule of Civil Procedure Rule 4(m) served as a model for the new CPLR § 306-b. As under the Federal rule, CPLR 306-b gives Courts discretion to grant an extension on the time for service even when the motion is brought after the original 120 days for service has expired (see, Practice Review
http://blasielaw.com/lawyer/blog/New_York_Legal_Services_Blog
You can file a pre-answer motion to dismiss within the same amount of time that you would normally have to answer the complaint based on any of the defenses outlined in CPLR § 3211(a). The benefit of filing the pre-answer motion to dismiss is that all discovery is …
https://quizlet.com/86992367/ny-cplr-motion-practice-flash-cards/
Start studying NY CPLR: motion practice. Learn vocabulary, terms, and more with flashcards, games, and other study tools. ... The answer must be served at least 7 days before the hearing. (3) The reply is due 1 day before the hearing. ... The court must assume that all the allegations in the complaint are true, and even if they are all true ...
https://empirejustice.org/wp-content/uploads/2018/08/Outline-Motion-Practice-8-17-18.pdf
Aug 17, 2018 · to CPLR § 2013 when service is made by mail the receiving party has an additional five days added to the time to respond. Thus if you are serving by mail you must mail the papers thirteen days before the return date, or twenty-one days before if you want the right to file a reply. b.
https://law.stackexchange.com/questions/23247/how-should-defendant-respond-to-summons-with-endorsed-complaint-in-ny-cplr/23250
CPLR §320 prescribes the time periods for when a responsive pleading must be served. This is generally 20 or 30 days from completion of service (20 days when service is by personal delivery to the defendant within New York State, 30 days all other times). Service is not always complete when the papers are delivered by the process server.
https://www.schlamstone.com/court-excuses-late-filing-of-affidavit-of-service/
May 24, 2019 · CPLR 306-b provides that a plaintiff must serve the summons and complaint within 120 days after commencement of an action. An action is commenced when the pleadings are filed with the court. The court may dismiss an action without prejudice for lack of personal jurisdiction if the plaintiff fails to serve the pleadings within 120 days.
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