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Commencing an Action in New York State Supreme Court: Summons and Complaint

by Practical Law Litigation

Maintained | New York

A Practice Note providing guidance on commencing an action by filing a summons and complaint in New York State Supreme Court. This Practice Note details crucial pre-filing considerations, such as adhering to procedural and formatting rules, determining whether to request assignment to the Commercial Division, and deciding between electronic and paper filing. It explains the process for obtaining an index number and provides practical advice for drafting a compelling complaint that complies with New York's pleading standards under the New York Civil Practice Law and Rules (CPLR). The resource also explores the strategic advantages of verifying a complaint and offers instruction on correctly drafting the summons, including how to establish the proper venue. This Practice Note is an essential guide for counsel navigating the initial stages of litigation in New York's court system.

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