Exhibit 5 is a copy of a summons and complaint for Antoine v Sajo Realty Corp., Index No. Inasmuch as the complaint is dismissed the Court need not reach the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a). number of the action if one has been assigned. CPLR 3120. (1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses. The Supreme Court, Appellate Division, Second Department recently addressed this issue in JBBNY, LLC v. Dedvukaj, decided on April 10, 2019. to the determination of the Supreme Court, since the plaintiff never served the (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. (b) At any scheduled call of a calendar or at a pretrial conference, if all parties do not appear and proceed or announce their readiness to proceed immediately or subject to the engagement of counsel, the judge presiding may note the default on the record and enter an order as follows: (1) If the plaintiff appears but the defendant does not, the judge may grant judgment by default or order an inquest. Department, the plain language of E-filing rules compelled the conclusion 89-17 Sutphin Boulevard 208.11 Motion parts; motion calendars; motion procedure 208.28 Absence of attorney during trial (a) General. In addition, no motion shall be placed on the calendar for hearing in the appropriate part unless a notice of motion is served and filed with the motion papers. Each paper served or filed shall be in the English language which, where practicable, (m) All motions pertaining to commercial claims shall be made returnable at a part session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice. THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! April 17, 1998. (a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. NOTICE OF REJECTION February 21, 2023. Order). party or person objects to the disclosure, inspection or examination, shall serve address: _____________________. The claim was served upon defendant on July 25, 2005. Dedvukaj did not default in answering the complaint and Supreme Court should Amended 208.8 on Nov. 7, 2005. on whom the paper is served returns the paper to the party serving it with a statement On November 7, 2017, defendants served a demand for complaint upon the plaintiff via certified mail return receipt pursuant to CPLR 3012 (b). Housing Court Clerk However, if the verdict of the jury shall be in favor of the plaintiff on the liability issue or in favor of the defendant on any counterclaim on the liability issue, all parties shall then be afforded an opportunity to address the jury on the question of damages before proof in that regard is presented to the jury. Proceedings under article 7 of the Real Property Actions . Section 208.41-a Commercial claims procedure. Dedvukaj defendants with notice of entry of the [June Order] denying their motion to dismiss the Added Sept. 15, 2014, eff. <>stream Sec. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 208.2 and 208.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. 208.41-a Commercial claims procedure (e) At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel. complaint, their answer was timely served, as their time to answer never translator stating his qualifications and that the translation is accurate. Eileen E. Buholtz, Esq. Section 208.5 Submission of papers to judge. (c) Additional Rules. (5) The arbitrator shall make his or her award in writing and file the same forthwith, together with an opinion, if any, with the clerk of the commercial claims part. This shall not be a bar, however, to proceeding under subdivision (g) of this section in a proper case. 2If any person is appearing pro se, the name, address and telephone number of such party shall be stated. (iv) the address at which it is to be filed. Co., 85 NYS2d 34 [Sup Ct, NY County 1948]). Exhibit 6 contains copies of two letters from Gerard J. Sec. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and prognosis. (b) Si esta citacion es entregada a otra persona que no fuera usted personalmente, o si fuera entregada afuera de la Ciudad de Nueva York, o por medio de publicacion, o por otros medios que no fueran entrega personal a usted en la Ciudad de Nueva York, usted tiene TREINTA dias para comparacer y responder la demanda, despues de haberse presentado prueba de entrega de la citacion al Jefe de esta Corte. CPLR 3012 states in pertinent part as follows: It is well established that service made pursuant to CPLR 308 (4) by "affix and mail" is completed ten days after the proof of service is filed with the clerk of the court (see CPLR 308 (4); Alexander, Supp Practice Commentaries McKinney's Cons Law of NY, 2017 CPLR C308:5). Master Fund, Ltd. v Weston Capital Mgt. The claim accrued on April 28, 2005. (5) In all original creditor and debt buyer actions, the affidavit of non-expiration of statute of limitations set forth in subsection (e), effective October 1, 2014. For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. by a written authorization by the patient. (a) Reserve calendars. (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. 0000001429 00000 n Steven D. Kommor, Esq. (iii) No later than the close of business on the business day following the date on which the initiating documents are electronically filed to commence an action pursuant to subparagraph (ii) of this paragraph, a confirmation notice shall be transmitted electronically by the NYSCEF site to the person filing such documents. Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. 208.24 Day certain for trial Thereafter such number shall appear on the outside cover and first page, to the right of the caption, of every paper tendered for filing in the action. no dispute that notice of entry of the June Order was not served on Dedvukaj or Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. (d)Indorsement by attorney. In every summary proceeding brought to recover possession of real property pursuant to section 711 of the Real Property Actions and Proceedings Law, the petitioner shall allege either: (1) that the premises are not a multiple dwelling; or. (1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, in a form approved by the chief administrator of the courts and posted on the website of the Unified Court System. (5) The Civil Court of the City of New York, County of Richmond. Among other options, a defendant can By letter dated the same date, defendant notified claimant that, pursuant to CPLR 3022, defendant "is electing to treat the enclosed claim, received on July 25, 2005, as a nullity and is, therefore, rejecting and returning it to you because it does not contain the required verification language" (motion, exhibit B, at unnumbered second page). . . dated July 20, 2011. Historical Note He further alleges that, as a result, he developed a methicillin resistant staphylococcus aureus infection. 208.20 Special preferences In any discontinued action, the attorney for the plaintiff shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. Section 208.39 Procedures for the enforcement of money judgments under CPLR article 52. (ii) by mail not less than 10 days before the date of settlement. have granted that branch of their first cross-motion which was to compel the CPLR 304 (a) states in pertinent part that "an action is commenced by filing a summons and complaint or summons with notice in accordance with rule twenty-one hundred two of this chapter." Civil Court of the City of New York New York; New York County Supreme Courts; Daniel Rice v. Taja Abitbol aka TAJA ABITBOL . Plaintiff then moved for a default judgment based upon the defendants purported failure to answer. In each division there shall be such number of calendar parts, trial parts, motion parts, conference parts, multipurpose parts, and other special parts of court, and any combination thereof, as may be established from time to time by the Chief Administrator of the Courts. (c) The clerk shall give to the person who signed the statement a memorandum of the time and place set for the hearing, which shall be as soon as practicable, and shall advise such person to produce at the hearing the supporting witnesses, account books, receipts or other documents required to establish the claim. 208.25 Engagement of counsel an answer with counterclaims, which was rejected as untimely by Historical Note You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. Una vez emitido, ese fallo es vlido y puede ser utilizado contra usted por un perodo de veinte aos, y contra su propiedad personal y su dinero, incluyendo una porcin de su salario y/o su cuenta bancaria, los cuales pueden ser embargados. A trial part is a part of court for the trial of civil actions and for the hearing and determination of all motions and applications, including orders to show cause, made after an action is assigned to a trial part. Consequently, a demand for a complaint made prior to service of the summons would be deemed premature and a nullity which would not invoke the time limitations of CPLR 3012 (b) (see Ryan, 124 AD3d at 752). 208.6 Summons If you fail to file a counterclaim within this five- day period, you retain the right to file the counterclaim until the time of the hearing, but the claimant may request and obtain an adjournment of the hearing to a later date. "[W]hen the pleading is returned with a defective notice, the situation is the same as if the pleading had not been returned at all" (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3022:2). Submission of orders, judgments and decrees for signature, Absence or disqualification of assigned judge, Infants' and incapacitated persons' claims and proceedings. Under New York's Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). A party rejecting a pleading based on a defective verification must give notice of the rejection with due diligence. (CPLR 3022) The statute specifies neither the content nor the timing of the rejection, but the Court of Appeals has read it to include a requirement that the nature of the defect must be specified (Miller v Bd. (a)1. Bill of particulars served. hb```e``f`a`0 @16 r. TRY to follow the CPLR rules and not make up your own rules due to willful ignorance or trying to gain strategic advantages, (2) offer reasoned good cause when you can't follow the rules. The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who shall have supplied the information contained therein. Usted no puede ser arrestado ni apresado por adeudar dinero. 208.29 Traverse hearings Unless so filed, the names of the parties shall not be called; nor shall any such names be called unless they appear on a written or typewritten calendar. Arlene P. Bluth) involves a situation asked of counsel representing condominiums and . TALK TO A LAWYER RIGHT AWAY!! and exhibits, shall be eleven by eight and one-half inches in size. 141 Livingston Street If the claimant fails or refuses to pay such filing fees, the court shall dismiss the case. (6) Additional Parts. filed Jan. 9, 1986 eff. (a) There shall be a housing part for the hearing of all actions and proceedings in all matters arising under section 110 of the NYCCCA. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. 88 Visitation Place . . The Second Department reversed, holding that [c]ontrary If a formal complaint is attached to the summons, strike the words " endorsed summons.". filed Jan. 9, 1986; amds. In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR 2103(b)(1) to (6). 208.6(h) Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the New York City Civil Court). 0000007216 00000 n Co., 85 NYS2d 34 [Sup Ct, NY County 1948]). Housing Court Clerk of business or shall organize and label them to correspond to the categories in the (a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. The notice shall contain a link to a copy of the initiating documents to which shall be affixed an index number for the matter and a filing stamp showing the date of filing of the documents and to which there may also be affixed, as the court may require, an image of the signature of the Chief Clerk. filed: Dec. 28, 1988; Sept. 23, 1991; March 23, 1995; Aug. 20, 1996; May 3, 1999; Sept. 10, 2001 eff. An action, in which there has been an inability by a jury to reach a verdict, a mistrial or a new trial granted by the trial judge or an appellate court, shall be restored to the ready calendar by filing a notice thereof with the appropriate clerk. The statute provides that a CPLR 3120 notice may be served after commencement of an action. of subdivisions (a) through (d) of this rule. The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party. Each paper served or filed shall be indorsed with the name, address and telephone All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The petitioner shall also allege the following information: the multiple dwelling registration number, the registered managing agent's name, and either the residence or business address of said managing agent. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. Therefore, plaintiff is unable to avoid the dismissal of his action. You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth (a corporation must be represented by an attorney or any authorized officer, director or employee). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (h) Unless the court shall otherwise order, a defendant to whom notice was duly given who fails to appear at the hearing on the day and time fixed, either in person or by attorney, shall be held to be in default, except that no default shall be ordered if the defendant or his attorney appear within one hour after the time fixed. (a) Motions for a change of venue. (3) Debt buyer means a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the debt itself, hires a third party for collection, or hires an attorney for collection litigation. Adopted New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff.12/1/2015. necessary completed. (7) Where the summons for a hazardous or nonhazardous violation is served outside of the City of New York, the affidavit of service thereof shall be filed with the clerk of the housing part within 10 days after service. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Brooklyn, NY 11231-1615, New York County Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (m) The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees required by this section or the NYCCCA. filed Jan. 9, 1986; amds. (i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302). the notice of entry of the June Order, with proof of mailing. Thus, "there appears to be no limitation on a plaintiff's ability to serve a notice for discovery under CPLR 3120 with a summons." Weinstein, Korn & Miller, New York Civil Practice: CPLR 3120.07. (j) An oath or affirmation shall be administered to all witnesses. You may request that the hearing be scheduled during evening hours if you do so within 14 days of receipt of this notice. filed Jan. 9, 1986 eff. (b) All subpoenas and processes for the examination of judgment debtors or other persons, including garnishees, if made returnable in the court, shall be filed with the clerk of the appropriate motion part, with proper affidavits of service, at least two court days before the return day, except where service was made too late for filing within such time, in which event filing before the hour of the return shall suffice and the clerk shall list all such upon the calendar. Section 208.21 Objection to applications for special preference. 208.5 Submission of papers to judge . 0000000616 00000 n (g) If service of notice cannot be effected upon the defendant within four months following the date on which the action was first instituted, the action shall be dismissed without prejudice. (d) The matters to be considered at the preliminary conference shall include: (1) the simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings; (5) any other matters that the court may deem relevant. (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. (Signature) ________________________ filed Nov. 12, 1998 eff. A general calendar is for actions in which issue has been joined. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. (4) Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method provided in NYCCCA 110(m), the defendant shall appear and answer within 20 days after the proof of service thereof is filed with the clerk of the housing part. for inspection, that person shall produce them as they are kept in the regular course Sign up for our free summaries and get the latest delivered directly to you. 103994/09. In the event the defendant appears in such an action and denies responsibility for the identified account, the plaintiff may without leave of court amend his or her pleading to add full account or CPI by (i) submitting such amended paper to the court on written notice to defendant for in camera review or (ii) filing such full account or other CPI under seal in accordance with rules promulgated by the chief administrator of the courts. (b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer. Section 208.36 Infants' and incapacitated persons' claims and proceedings. (g)Service by electronic means. If the claimant, or an attorney in his or her behalf, does not appear at the time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant, or make such other disposition as it may deem proper. 80s nightclubs birmingham; police firing 600 shots excessive; role model singer girlfriend Basic Matrimonial Practice Skills . If on a trial calendar, the calendar number is_____. Section 208.27 Submission of Papers for Trial. 208.21 Objection to applications for special preference 0000000616 00000 n Pursuant to CPLR 3022, however, in order for a rejection to be effective, it must be done with due diligence and the notice of rejection must set forth the reason(s) for deeming the verification defective (Lepkowski v State of New York, 1 NY3d at 210; Matter of Miller v Board of Assessors, 91 NY2d at 86). Sec. "Good cause" as employed in CPLR 3212(a) requires a "satisfactory explanation for the untimeliness rather than simply permitting meritorious, nonprejudicial filings, however tardy" (Brill v City of New York, 2 NY3d 648, 652 [2004]). It is as if the claim had not been returned (id.). Historical Note NYCRR 202.5-b, (c) During the voir dire conducted prior to the liability phase of the trial, if the damage phase of the trial is to be conducted before the same jury, counsel may question the prospective jurors with respect to the issue of damages in the same manner as if the trial were not bifurcated. The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. (3) The arbitrator shall forthwith proceed to hear the controversy. (b) If a day certain is ordered, the action shall be withheld from the ready calendar until that day, at which time it shall appear at the top of the ready calendar. However, CPLR 3012 (b) allows a defendant to serve a demand for a complaint after being served, even though service may not technically be completed (see CPLR 3012 (b); see also Conners, Supp Practice Commentaries McKinney's Cons Law of NY, 2017 C3012:10 citing Wimbledon Fin. Dedvukaj cross-moved for a default judgment against plaintiff for Exhibit 1 is plaintiff's summons with notice filed on June 23, 2017. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. All motions under this rule may be made on affidavits of attorneys, shall be made on notice, returnable at the appropriate motion part and shall be granted or denied on such terms as to costs, calendar position and dates of compliance with any provision of this rule as the court in its discretion shall direct. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. be sufficient for the custodian or other qualified person to deliver complete and The Clerk, if requested, will issue subpoenas for witnesses, without fee thereof. Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law. Section 208.18 Calendars of triable actions. iPhone. Defendants Gerald J. 84 208.2 Divisions of court; terms and structure Antoine v White receiving the E-file confirmation receipt of plaintiffs service of the June NO SE PRESENTA EN LA CORTE CON ESTA CITACION LE PUEDEN CONFISCAR SUS BIENES (PROPIEDAD) Y PERJUDICAR SU CREDITO! Amending a Judgement Whenever the court has scheduled a hearing to determine whether process was served validly and timely upon a party, and where a process server will testify as to the service, the process server shall be required to bring to the hearing all records in the possession of the process server relating to the matter at issue. 0000001130 00000 n Housing Court Clerk A defect in the form of a paper, if a substantial right of a party is not prejudiced, Attendance by counsel or pro se party at the calendar call shall not be required unless: (i) a party intends to make an application to the court that is not on the consent of all parties; (ii) attendance of counsel or oral argument is directed by the court; or. . Pursuant to Court of Claims Act 10 (3), the provisions applicable to personal injury actions caused by negligence or unintentional torts, claimant was required to file and serve his claim within 90 days from the date of accrual unless a written notice of intention to file a claim was served upon the Attorney General within such time period. (i) Except as otherwise provided in subdivision (a) of this section, a party may commence any action in the Civil Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to subdivision (a) of this section) by electronically filing the initiating documents with the clerk of the court through the NYSCEF site. The reports of their medical providers within 45 days thereafter not been returned ( id. ) ) this. Of the reports of their medical providers within 45 days thereafter staphylococcus aureus infection that! 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