N.Y. CPLR § 3012

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3012 Service of pleadings and demand for complaint § 3012. Service of pleadings and demand for complaint. (a) Service ofpleadings. The complaint may be served with the summons, except that inan action arising out of a consumer credit transaction, the complaintshall be served with the summons. A subsequent pleading asserting new oradditional claims for relief shall be served upon a party who has notappeared in the manner provided for service of a summons. In any othercase, a pleading shall be served in the manner provided for service ofpapers generally. Service of an answer or reply shall be made withintwenty days after service of the pleading to which it responds.(b) Service of complaint where summons served without complaint. Ifthe complaint is not served with the summons, the defendant may serve awritten demand for the complaint within the time provided in subdivision(a) of rule 320 for an appearance. Service of the complaint shall bemade within twenty days after service of the demand. Service of thedemand shall extend the time to appear until twenty days after serviceof the complaint. If no demand is made, the complaint shall be servedwithin twenty days after service of the notice of appearance. The courtupon motion may dismiss the action if service of the complaint is not madeas provided in this subdivision. A demand or motion under thissubdivision does not of itself constitute an appearance in the action.(c) Additional time to serve answer where summons and complaint notpersonally delivered to person to be served within the state. If thecomplaint is served with the summons and the service is made on thedefendant by delivering the summons and complaint to an official of thestate authorized to receive service in his behalf or if service of thesummons and ummons and the service is made on thedefendant by delivering the summons and complaint to an official of thestate authorized to receive service in his behalf or if service of thesummons and complaint is made pursuant to section 303, paragraphs two,three, four or five of section 308, or sections 313, 314 or 315, serviceof an answer shall be made within thirty days after service is complete.(d) Extension of time to appear or plead. Upon the application of aparty, the court may extend the time to appear or plead, or compel theacceptance of a pleading untimely served, upon such terms as may be justand upon a showing of reasonable excuse for delay or default.