2019 New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
R305 - Summons; Supplemental Summons, Amendment.

Universal Citation: NY CPLR § 305 (2019)
Rule  305.  Summons;  supplemental  summons,  amendment.  (a) Summons;
supplemental summons. A summons shall specify the  basis  of  the  venue
designated  and  if  based  upon the residence of the plaintiff it shall
specify the plaintiff's address, and also shall bear  the  index  number
assigned  and  the  date  of  filing  with  the  clerk  of  the court. A
third-party summons shall  also  specify  the  date  of  filing  of  the
third-party  summons  with  the  clerk of the court.   The summons in an
action arising out of a consumer credit  transaction  shall  prominently
display   at   the  top  of  the  summons  the  words  "consumer  credit
transaction" and, where a purchaser, borrower or debtor is a  defendant,
shall  specify  the  county  of residence of a defendant, if one resides
within the state, and the county where the consumer  credit  transaction
took  place,  if it is within the state.  Where, upon order of the court
or by stipulation of all parties or as  of  right  pursuant  to  section
1003,  a  new  party is joined in the action and the joinder is not made
upon the new party's  motion,  a  supplemental  summons  specifying  the
pleading  which  the new party must answer shall be filed with the clerk
of the court and served upon such party.

(b) Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.

(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.

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