New York Third Party Summons in a Civil Action

State:
New York
Control #:
NY-SD-868
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Description

Third Party Summons in a Civil Action

A New York Third Party Summons in a Civil Action is a legally binding document issued by the court and served to a third party who is not named in the original complaint. This document is used to bring a third party into a civil lawsuit, and may be used to collect evidence, establish liability, or to compel the third party to pay a portion of the damages sought by the plaintiff. There are two types of New York Third Party Summons in a Civil Action: an Order to Show Cause Summons and a Third-Party Complaint Summons. The Order to Show Cause Summons requires the third party to appear in court and explain why they should not be held responsible for the plaintiff’s claims. The Third-Party Complaint Summons requires the third party to answer a complaint that has been filed against them. Both types of Summons must be served on the third party in order to be legally effective.

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FAQ

You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.

This can be done by A. delivering the summons to the officer or another high-ranking officer of such agency or to a person designated to receive service via personal service on the State of New York, or B. mailing the summons by certified mail to such officer or chief executive officer of such agency.

The third-party summons and complaint and all prior pleadings served in the action shall be served upon such person within one hundred twenty days of the filing.

New York City Agencies issue summonses for violations of quality of life laws and other City rules and regulations. These summonses, also called Environmental Control Board (ECB) Violations, include charges for: Health code violations.

This can be done by A. delivering the summons to the officer or another high-ranking officer of such agency or to a person designated to receive service via personal service on the State of New York, or B. mailing the summons by certified mail to such officer or chief executive officer of such agency.

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.

What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.

More info

A lawsuit has been filed against defendant. (1) Timing of the Summons and Complaint.If a third-party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition. A copy of the summons and a copy of the plaintiff's petition and a copy of the third-party petition must be served on each of the third-party defendants. Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where you are filing your case. Third-Party Complaint. If the action is a debt or trespass action, the summons will direct you to complete and return an answer (the answer is J.P. Civ. Commencement of the action a defendant as a third-party plaintiff may cause to be served a summons, complaint, and notice regarding Electronic Service. (B) Preparation of summons and praecipe. The complaint attached states the claims the plaintiff is making against you.

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New York Third Party Summons in a Civil Action