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https://law.justia.com/codes/new-york/2012/cvp/article-30/3012/
§ 3012. Service of pleadings and demand for complaint. (a) Service of pleadings. The complaint may be served with the summons. A subsequent pleading asserting new or additional claims for relief shall be served upon a party who has not appeared in the manner provided for service of a summons.
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-3215.html
In an action upon a contract where the complaint demands judgment for a sum of money only, if the answer does not deny the plaintiff's claim but sets up a counterclaim demanding an amount less than the plaintiff's claim, the plaintiff upon filing with the clerk an admission of the counterclaim may take judgment for the excess as upon a default.
https://bruteforcelawyer.com/category/cplr/cplr-%c2%a7-105/
To avoid dismissal of the action for failure to serve a complaint after a demand therefor has been made pursuant to CPLR 3012(b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a potentially meritorious cause of action (see Perez-Faringer v Heilman, 79 AD3d 837, 838; Gibbons v Court Officers ...
http://barnespc.com/news-ultimate-remedy-failure-disclose.php
In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts are universally refusing to perpetually provide one more chance to comply with unqualified obligations ...
https://law.justia.com/codes/new-york/2012/cvp/article-30/r3025/
Justia US Law US Codes and Statutes New York Consolidated Laws 2012 New York Consolidated Laws CVP - Civil Practice Law & Rules Article 30 - (3001 ... NY CPLR § R3025 (2012) What's This? ... there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required to the pleading being amended or supplemented ...
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 ... there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required to the pleading being amended or supplemented. ... FindLaw Codes may ...
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.
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2764&context=lawreview
answer, 107 . a plaintiff, the court explained, has no right to compel the defendant to serve a verified answer. 08 . The remedy of a party served with a defectively verified pleading, as contained in the plain language of CPLR 3022, is to treat the pleading as a nullity and pursue a default judgment. 10 9
http://www.courts.state.ny.us/Reporter/3dseries/2011/2011_21066.htm
Toikach v Basmanov: 2011 NY Slip Op 21066 [31 Misc 3d 615] February 25, 2011 ... Plaintiff did not move in the alternative to dismiss the amended answer for failure to state a cause of action or upon any other grounds pursuant to CPLR 3211. ... Plaintiff's current motion to strike does not seek dismissal of the amended answer pursuant to CPLR ...
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=3917&context=lawreview
CPLR 3213: Defendant's failure to answer motion for summary judgment does not allow a default judgment in action prior to return date of motion. As originally enacted, CPLR 3213 161 limited a defendant to a twenty-day answering period subsequent to service of a summons and notice of motion for summary judgment.
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.lkesq.com/default-law-office-failure-meritorious-defense-excuse
Jul 11, 2016 · State Farm Mut. Auto. Ins. Co. v Knish Hacking Corp., 2016 NY Slip Op 50996(U) This case is about the old law office failure explanation used commonly by lawyers when they fail to answer. Here, due to the length of time counsel (or somebody) waited, the …
http://www.courtstreetlaw.com/cplr-3215-default-judgment/
Mar 09, 2017 · As held, in Pipinias v. J. Sackaris & Sons, Inc., supra, “The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if ‘sufficient cause is shown why the complaint should not be dismissed’ ” (Giglio v.
https://fhnylaw.com/plaintiffs-filing-affidavit-service-summons-complaint-several-days-late-results-vacatur-default-judgment-obtained-six-years-earlier/
Aug 24, 2018 · Because the “failure to file proof of service is a procedural irregularity, not a jurisdictional defect, that may be cured by motion or sua sponte by the court in its discretion pursuant to CPLR 2004, the Second Department agreed with Supreme Court “to deem the affidavit of service timely filed, sua sponte, pursuant to CPLR 2004.”
https://www.law.cornell.edu/cfr/text/21/17.11
(a) If the respondent does not file an answer within the time prescribed in § 17.9 and if service has been effected as provided in § 17.7, the presiding officer shall assume the facts alleged in the complaint to be true, and, if such facts establish liability under the relevant statute, the presiding officer shall issue an initial decision within 30 days of the time the answer was due, imposing:
https://fhnylaw.com/court-addresses-question-concerning-filing-papers-proceedings-cplr-last-day-file-falls-weekend-holiday/
Mar 25, 2019 · Defendants moved to dismiss on the following grounds: (1) the statute of limitations as set forth in CPLR § 214(5) expired prior to the filing of the action; and (2) Plaintiffs did not effectuate service of the summons and complaint, and file the corresponding affidavits of service, in compliance with CPLR § …
http://www.nycourts.gov/courts/nyc/civil/cplr3211.shtml
Apr 01, 2013 · A motion based upon a ground specified in paragraphs two, seven or ten of subdivision (a) may be made at any subsequent time or in a later pleading, if one is permitted; an objection that the summons and complaint, summons with notice, or notice of petition and petition was not properly served, is waived if, having raised such an objection in a ...
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.law.cornell.edu/cfr/text/45/681.10
(a) If a defendant does not file any answer within 30 days after service of the complaint, the reviewing official may refer the complaint to the ALJ. (b) Once the complaint is referred, the ALJ will promptly serve on the defendant a notice that an initial decision will be issued. (c) The ALJ will assume the facts alleged in the complaint to be true and, if such facts establish liability under ...
https://www.albanylaw.edu/centers/center-for-continuing-legal-education/past-programs-and-materials/PublishingImages/Pages/default/Recent%20Dev%20in%20NY%20Civil%20Practice%20April%202018.pdf
defendant’s motion to dismiss for failure to comply with the shortened statute of limitations. ... October 13, 2015. Defendant moved to dismiss the complaint under CPLR 3211(a)(5), arguing that the statute of limitations expired 3 days earlier on October 10, 2015. The …
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