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30 Cards in this Set
- Front
- Back
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In Service of Process by First Class Mail, time for D to sign and return acknowledgement receipt form.
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within 30 days after D's receipt of process
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Period before suit for filing of notice of claim against architect for personal injury against architect or engineer, when building was completed for 10 or more years
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90 days
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Time after commencing a case by which P must serve D
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120 days; ct has discretion to extend even if the time has already lapsed and P has not made motion
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Time between the "affixing" and the mailing (nail and mail) or the delivering and mailing (leave and mail)
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must occur within 20 days of each other; does not matter which is first
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When service is complete for "leave and mail" and "nail and mail" methods of service
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10 days after proof of service is filed
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Time limits for D's serving the answer when D is served with summons and complaint
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20 days if D is served personally within NY; 20 days from date when acknowledgement is mailed if D is served by first class mail with acknowledgement. 30 days otherwise.
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Time limits for D's making pre-answer motion to dismiss
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Must be submitted before the expiration of the relevant answer period.
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When D must serve answer if pre-answer motion to dismiss is denied
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10 days after motion is denied
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When P must serve complaint when commencement is made by summons with notice
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20 days from when D serves notice of appearance or demand for complaint
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Time limits for D's serving answer when D is served with summons and notice and D demands complaint
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20 days
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Date by which D must make follow-up summary judgment motion on grounds of improper service of process if D pleads this as a defense in his answer
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60 days
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Limit by which can no longer make amendments to pleadings as of right
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20 days after D's service of answer (for both)
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Time period for serving third party with third party summons
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120 days after commencing proceedings by filing summons and third party complaint
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Time period within which third party defendant must serve answer
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20 or 30 days, consistent with rules for regular D
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Time period within which P may amend complaint to add charges against 3rd party D
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20 days after P is served with third party answer without leave of ct; otherwise must get ct's permission
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Deadline by which moving party must serve motion papers on other party
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8 days before return date
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Deadline by which motion papers must be filed with court by both parties
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return date
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Date by which losing party must exercise appeal as of right
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30 days of service of determining order
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Time for making summary judgment motion
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120 days from note of issue (placing date on trial calendar) unless party shows good cause
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Return date for motion for SJ in lieu of complaint
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20 days if D served personally within NY/30 days otherwise (same as action)
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Date by which P must serve confirming motion on notice to confirm ex parte order of attachment after levying on D's property
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if unlicensed foreign corporation or non-NY domiciliary 10 days after levy on property; otherwise 5 days
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Time limit for temporary restraining order
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8 days (but not sure exactly from when, etc.)?
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Date by which P must serve confirming motion on notice to confirm ex parte order of seizure of chattel after seizing D's property
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5 days
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Return date for special proceeding
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no sooner than 8 days from service of process
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Date by which D must serve notice of intent to arbitrate
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20 days from being served (I think)
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If defendant pleads improper service of process as a defense in the answer...
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must make follow-up motion for summary judgment on that ground within 60 days.
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Minimum written notice for terminating tenancy at will in NY
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30 days
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Adverse possession/prescription period in NY
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10 years
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Ceremony of execution of will must be completed within
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30 days
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If order of attachment is made before summons, how long before summons must be served after order is granted
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60 days
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