Summons with Notice (NY)

by Practical Law Litigation

A Standard Document for a summons with notice that counsel may use to commence a civil action in the New York Supreme Court under the Civil Practice Law and Rules (CPLR). This Standard Document offers a model for initiating a lawsuit without immediately filing a full complaint, a strategy often employed when a statute of limitations is close to expiring. It addresses the essential components required by CPLR 305, including the caption, index number, basis for venue, and the specific information needed in the notice section to properly apprise the defendant of the nature of the action and the relief sought. This Standard Document explores the strategic considerations for using this procedural tool, including its potential benefits and the significant risk of a fatal jurisdictional defect if drafted improperly. It also touches on key procedural issues such as service of process, response deadlines, and how serving a summons with notice can trigger the defendant's time to file for federal removal.