In such a situation, service is complete ten days after the filing of the proof of service (the summons and complaint together with an affidavit of service is known as “proof of service”) with the court. This is especially so when service is effectuated through substituted service (leaving the summons and complaint with someone of suitable age and discretion with follow-up mailing CPLR §308).
Service is not always complete when the papers are delivered by the process server. 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). The first issue that an attorney should address is the practical one: when is the answer due? CPLR §320 prescribes the time periods for when a responsive pleading must be served. Service of process on the defendant must be properly effectuated within 120 days of commencement of the action. The filing stops the running of the statute of limitations and is the official commencement of the litigation. Under New York’s Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). These are often the only documents provided by our clients. When a case is first assigned, defense counsel is provided with the initial pleadings, generally the summons and complaint. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York.
This article will address the issues that should be evaluated when preparing an answer. What issues must be evaluated when preparing the answer?.What initial steps should be taken when preparing an answer in New York?.New York Practice: Responding to the Complaint.
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