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https://law.justia.com/codes/new-york/2012/cvp/article-30/r3025/
Rule 3025. Amended and supplemental pleadings. (a) Amendments without leave. A party may amend his pleading once without leave of court within twenty days after its service, or at any time before the period for responding to it expires, or within twenty days after service of a pleading responding to it.
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 ...
http://blogs.smartrules.com/amended-answer-in-new-york-supreme-court-at-a-glance/
Mar 02, 2016 · CPLR 3025(b). Amended Answer Rules: Each party is permitted to amend its pleading once without leave of court, provided such amendment is made within twenty days after service, or any time before the response period expires, or within twenty days …
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 …
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.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://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.
https://www.law.cornell.edu/rules/frcp/rule_15
Rule 15(a)(1) is amended to make three changes in the time allowed to make one amendment as a matter of course. Former Rule 15(a) addressed amendment of a pleading to which a responsive pleading is required by distinguishing between the means used to challenge the pleading. Serving a responsive pleading terminated the right to amend.
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://www.schlamstone.com/court-permits-amendment-to-complaint-that-contradicts-admissions-in-original-complaint/
May 27, 2015 · The decision in Avigdor is instructive in two respects: (1) first, the motion was unnecessary as a procedural matter, because, as Justice Demarest pointed out, a complaint may be amended once, as of right, at any time prior to the service of an answer, and (2) the Court permitted the amendment even though it contradicted the original complaint ...
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 ...
http://www.dec.ny.gov/hearings/116086.html
Except where otherwise prescribed by law or order of the court, an answer or reply to an amended pleading is required if an answer or reply is required to the pleading being amended (see CPLR 3025[d]). Service of such an answer or reply shall be made within twenty days after service of the amended pleading to which it responds (see id.).
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-305.html
(c) Amendment. At any time, in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced.
https://caselaw.findlaw.com/ny-supreme-court/1557464.html
Plaintiff's current motion to strike does not seek dismissal of the Amended Answer pursuant to CPLR 3211 and does not claim any inadequacies in the Amended Answer. Presumably, therefore, plaintiff has determined that the Amended Answer cured the defects in the original pleading.
https://www.lexisnexis.com/LegalNewsRoom/corporate/b/business/posts/a-happy-dance-for-plaintiffs-who-moot-a-motion-to-dismiss-by-moving-to-amend-their-complaint
Sep 01, 2015 · It was rendered moot by the Amended Complaint, which was deemed filed by the Court as of the date of the entry of its Order. Op. ¶14(b). So, the outcome for the Defendants in the Krawiec opinion was that Judge Bledsoe allowed the amendment to the Complaint and denied the Motion to Dismiss as moot.
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=3411&context=lawreview
CPLR 3025(b): Leave to amend answer denied because plaintiff would be prejudiced thereby. Leave to amend pleadings shall be freely given. 9 ' However, a court may, in its discretion, impinge upon this statutory latitude. 92 . In James-Smith v. Rottenberg, 93 . an action for breach of a contract for the sale of realty, the defendant's answer ...
http://www.courts.state.ny.us/Reporter/3dseries/2011/2011_21066.htm
Carolyn E. Demarest, J. Plaintiff moves to strike defendant's amended answer with counterclaims claiming it was not timely filed pursuant to CPLR 3025 (b) and for the award of costs and attorney's fees associated with this motion and sanctions pursuant to 22 NYCRR 130-1.1.
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