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https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3025.html
Next ». (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. (b) Amendments …
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://law.justia.com/codes/new-york/2012/cvp/article-30/3012/
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-3012.html
Service of the complaint shall be made within twenty days after service of the demand. Service of the demand shall extend the time to appear until twenty days after service of the complaint. If no demand is made, the complaint shall be served within twenty days after service of the notice of appearance.
https://www.bottalicolaw.com/blog/what-to-do-when-served-with-a-supplemental-summons
Feb 05, 2018 · There is a statutory rule (CPLR Section 306[b]) that requires that a defendant be served within 120 days of the filing of the summons and complaint. Thus, CPLR 306(b) must be complied with if the foreclosing attorney is seeking to add another Defendant in the action; however, if the foreclosing attorney can show good cause for amending the complaint to include an additional defendant, the …
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://law.justia.com/codes/new-york/2012/cvp/article-3/r305/
Justia US Law US Codes and Statutes New York Consolidated Laws 2012 New York Consolidated Laws CVP - Civil Practice Law & Rules Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT R305 - Summons; supplemental summons, amendment.
https://www.michaels-smolak.com/files/UntimelyServiceOf.pdf
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 by Prof. Siegel, issue #61; Alexander, Practice Commentary, McKinney’s Cons.
https://www.serve-now.com/resources/process-serving-laws/new-york
Service of the summons and complaint, summons with notice, or of the third-party summons and complaint shall be made within one hundred twenty days after their filing, provided that in an action or proceeding where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires.
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://law.justia.com/cases/new-york/other-courts/2016/2016-ny-slip-op-26161.html
CPLR § 3012. Service of pleadings and demand for complaint, provides in relevant part: (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://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
https://www.law.cornell.edu/rules/frcp/rule_15
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
http://www.courts.state.ny.us/Reporter/3dseries/2006/2006_06564.htm
Under CPLR 3025 (a), a plaintiff may serve an amended summons and complaint once without leave of court within 20 days after the service of the summons and complaint, or at any time before the period for responding to the summons and complaint expires, or within 20 days after service of a pleading responding to it (see Nikolic v Federation Empl.
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1969&context=lawreview
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. 2 . CPLR 3211(a) specifies the grounds upon which a motion to dismiss a cause of action …Author: Leanne Sinclair Jacobs
https://cases.justia.com/new-york/other-courts/2014-2014-ny-slip-op-31186-u.pdf?ts=1399673664
CPLR 3025(a). Since the service of the amended complaint did not fall within any of the time periods set forth in CPLR 3025(a), plaintiff had to seek the leave of this Court, pursuant to CPLR 3025(b ), in order to serve the same. Since plaintiff failed to obtain such leave from …
https://caselaw.findlaw.com/ny-supreme-court/1557464.html
Pursuant to CPLR 3025(a), “[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-306.html
Read this complete New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 306. Proof of service on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system .
https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-50475-u.html
Pursuant to CPLR 3025(d), plaintiffs' amended complaint required an amended answer by the defendant attorneys within twenty days of service of the amended complaint. Furthermore, by plaintiffs proper service of the amended complaint to the defendant attorneys, the prior complaint as well as the defendant attorneys' answer and counterclaims in response to the replaced complaint were rendered nullities.
http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2018/03-16-18/PDF/0950.pdf
the amended complaint, i.e., the only pleading with which defendants were served, was filed well beyond the applicable four-month limitations period ( see CPLR 217 [2] [a], [b]).
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