2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3012 - Service of pleadings and demand for complaint.


NY CPLR § 3012 (2012) What's This?
 
    §  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.  In any other case, a pleading shall be served in the manner
  provided for service of papers generally. Service of an answer or  reply
  shall  be made within twenty days after service of the pleading to which
  it responds.
    (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. 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. The  court
  upon  motion  may  dismiss the action if service of the complaint is not
  made as provided in this subdivision. A  demand  or  motion  under  this
  subdivision does not of itself constitute an appearance in the action.
    (c)  Additional  time  to serve answer where summons and complaint not
  personally delivered to person to be served within  the  state.  If  the
  complaint  is  served  with  the  summons and the service is made on the
  defendant by delivering the summons and complaint to an official of  the
  state  authorized  to receive service in his behalf or if service of the
  summons and complaint is made pursuant to section 303,  paragraphs  two,
  three, four or five of section 308, or sections 313, 314 or 315, service
  of an answer shall be made within thirty days after service is complete.
    (d)  Extension  of  time to appear or plead. Upon the application of a
  party, the court may extend the time to appear or plead, or  compel  the
  acceptance of a pleading untimely served, upon such terms as may be just
  and upon a showing of reasonable excuse for delay or default.

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