N.Y. CPLR § 306-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 306-A Index number in an action or proceeding commenced in supremeor county court § 306-a. Index number in an action or proceeding commenced in supremeor county court. (a) Upon filing the summons and complaint, summons withnotice or petition in an action or proceeding commenced in supreme orcounty court with the clerk of the county, an index number shall beassigned and the fee required by subdivision (a) of section eightthousand eighteen of this chapter shall be paid. Upon the filing of asummons and complaint against a person not already a party, as permittedunder section one thousand seven or rule one thousand eleven of thischapter, the fee required by subdivision (a) of section eight thousandeighteen of this chapter shall be paid, but a separate index numbershall not be assigned.(b) If a person other than the plaintiff or third-party plaintiff whoserved the summons or third-party summons obtains the index number andpays the fee therefor, the clerk shall issue an order directing theplaintiff or the third-party plaintiff to pay such person the amount ofthe fee paid. If such fee is not paid within thirty days of service ofthe order with notice of entry, the person who paid the fee, in additionto any other remedies available at law, may apply to the clerk for anorder dismissing the action without prejudice.