2020 New York Laws
CVP - Civil Practice Law and Rules
Article 34 - Calendar Practice; Trial Preferences
R3402 - Note of Issue.

Universal Citation: NY CPLR § 3402 (2020)
Rule  3402.  Note  of issue. (a) Placing case on calendar. At any time
after issue is first joined, or at least forty days after service  of  a
summons  has  been completed irrespective of joinder of issue, any party
may place a case upon the calendar by  filing,  within  ten  days  after
service,  with  proof of such service two copies of a note of issue with
the clerk and such other data as may be required by the applicable rules
of the court in which the note is filed. The clerk shall enter the  case
upon the calendar as of the date of the filing of the note of issue.

(b) New parties. A party who brings in a new party shall within five days thereafter serve him with the note of issue and file a statement with the clerk advising him of the bringing in of such new party and of any change in the title of the action, with proof of service of the note of issue upon the new party, and of such statement upon all parties who have appeared in the action. The case shall retain its place upon the calendar unless the court otherwise directs.

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