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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/
§ 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://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? ... However, there is a little known, or acknowledged, portion of New York Law which governs time to answer. While, yes, a person has 30 days to answer, this "clock" runs ...
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 ... at any time by leave of court or by stipulation of all parties. ... there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required to the pleading ...
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 ... at any time by leave of court or by stipulation of all parties. ... there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required to ...
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://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://content.next.westlaw.com/Document/Ibad34afc6a7a11e498db8b09b4f043e0/View/FullText.html?contextData=(sc.Default)
Responsive Pleadings in New York State Supreme Court: Answering the Complaintby Practical Law Litigation Related Content Maintained • New YorkA guide to answering a complaint under the New York Civil Practice Law and Rules (CPLR). Specifically, this Practice Note explains how to compute and extend the time to answer, draft the caption, structure the body of the answer, respond to the ...
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 § …
https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1449253.html
Defendants, in support of their motion pursuant to CPLR 2004 to extend their time to answer the complaint, alleged that plaintiff's attorney orally agreed to such extension but thereafter denied such agreement and rejected the answer as untimely.
https://thecplrblog.wordpress.com/2009/06/06/cplr-r-5015-plaintiff-not-required-to-reject-late-answer-where-it-moved-to-enter-a-default-instead/
Jun 06, 2009 · CPLR R. 5015 Relief from judgment or orderCPLR R. 2101 Form of papers(f) Defects in form; waiverCPLR § 3012 Service of pleadings and demand for complaint(d) Extension of time to appear or pleadCPLR § 2005 Excusable delay or defaultJ.O. Dedicated Med., P.C. v State Farm Mut. Auto. Ins. Co., 2009 NY Slip Op 51089(U) (App.…
https://laninlaw.com/counterclaims/
cplr 203(d). It is typically contained in a defendant’s answer to a complaint. Counterclaims are subject to the same statute of limitations as regular claims, however, if the time has expired but the counterclaim was not time-barred at the time the original complaint was filed, it may be asserted during the action if the counterclaim arises ...
https://www.avvo.com/legal-answers/i-have-read-cplr-3025--but-regarding-the-time-that-1647440.html
Mar 20, 2014 · I have read CPLR 3025, but regarding the time that I can Amend the complaint.. what does that mean? If I did want to follow CPLR 3025 exactly then I …
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://www.fklaw.com/newsroom-publications-20.html
Nov 17, 2016 · In addition to setting the return date, CPLR 3213 requires that plaintiffs also select a deadline for the defendant to submit answering papers to a motion for summary judgment in lieu of complaint. Where the earliest permissible return date is chosen, the defendant must be given until the return date to respond.
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
https://bruteforcelawyer.com/category/cplr/cplr-%c2%a7-105/
CPLR § 3012 Service of pleadings and demand for complaint (b) Service of complaint where summons served without complaint. CPLR § 105 Definitions (u) Verified pleading. A “verified pleading” may be utilized as an affidavit whenever the latter is required. CPLR § 2005 Excusable delay or default
https://www.nysba.org/CustomTemplates/SecondaryStandard.aspx?id=62192
Statute of Limitations Defense May Be Raised for the First Time in an Answer to an Amended Complaint The Second Department, reversing the Supreme Court, determined defendant did not waive the statute of limitations defense not raised in the answer to the original complaint, but raised in the answer to the amended complaint.
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