N.Y. Comp. Codes R. & Regs. tit. 22 § 210.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 210.6 - Summons

(a) The summons shall state the name and location of the court in which the action is brought, as well as the names of the parties, and shall comply with all provisions of the UCCA applicable to summonses.

(b) The following form shall be used in actions pursuant to UCCA 902(a)(1), where a formal complaint is not served:

__ COURT OF THE CITY OF __

COUNTY OF .....................................................................................

...................................................................................................

Plaintiff,)............... Index No. ................................................................

).....

SUMMONS..........................................................

-against-

........................................................................

)

Plaintiff' s Residence

)......

Address:...................................................

Defendant.)

..................................................................................

To the above named defendant:

YOU ARE HEREBY SUMMONED and required to appear in the __Court of the City of, __ located at __, in said City, County of __, State of New York, either (i) by serving an answer ^* within 10 days after service of this summons upon you, exclusive of the day of service, upon plaintiff's attorney, at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, or (ii) by appearing at the clerk's office within 10 days after service of this summons upon you, exclusive of the day of service, by having the clerk of the court endorse your answer upon this summons; upon your failure to answer, judgment will be taken against you for the sum of $_ with interest thereon from the _ day of __, 19, together with the costs of this action.

Dated: the _ day of __, 19

...................................................................

Statement of the nature and.... Attorney(s) for Plaintiff

substance of plaintiff's... Post-office Address.............................

cause of action:................ Telephone Number................................

(or, alternatively

...........................................................

Clerk of the.... Court.......................................................................

of the City of ............... )................................................

______

^*You need not physically go to the court to serve an answer under option (i).

(c) In a case where a formal complaint is annexed to the summons, the following form of summons, with all blank spaces appropriately filled in, is to be used:

......................................................................................

COURT OF THE CITY OF

......................................................................................

COUNTY OF .......................................................

......................................................................................

Index No. _

Plaintiff,)

)... SUMMONS....................................................

-against-

..............................................

)

Plaintiff's Residence

)............ Address: .....................................

Defendant.)

______________

To the above named defendant:

YOU ARE HEREBY SUMMONED and required to appear in the __Court of the City of __, located at __, in said City, County of __, State of New York, by serving an answer ^* to the annexed complaint upon plaintiff' s attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below; upon your failure to so answer, judgment will be taken against you for the relief demanded in the complaint, together with the costs of this action.

Dated: the _ day of __, 19

______________

Attorney(s) for Plaintiff

Post-office Address

Telephone Number

Note: The law provides that:

(1) if this summons is served by its delivery to you personally within the County of __, you must answer within 10 days after such service; or

(2) if this summons is served by delivery to any person other than you personally, or is served outside the County of __, or by publication, or by any means other than personal delivery to you within the County of __, you are allowed 30 days after service is complete within which to answer.

______

^*You need not physically go to the court to serve an answer.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.6