CPLR: Commencement and Service

Question 1

to commence an action, a party must

Answer 1

file a summons and complaint or summons and notice with the county clerk

Question 2

summons must contain

Answer 2

names, venue, date and time of filing, and index number

Question 3

service of the summons and complaint must be made on the D within

Answer 3

120 days of the filing of the summons and complaint (unless the sol at issue is for four months or less, in which case you only have 15 days).

Question 4

service upon a business

Answer 4

for . . .
Partnership: must be made on partner or managing agent.
Limited partnership: must be made on managing partner/agent.
Corporation: any officer, managing agent, cashier, authorized agent.

Question 5

personal service on the state must be made to . ..

Answer 5

the attorney general at the office of the attorney general

Question 6

Parties may amend their pleadings within . . .

Answer 6

20 days after the pleading is received, or at any time with the court’s leave.