Legal Question in Civil Litigation in New York

Civil Practice

Under New York State Laws, can you amend your answer to a summons & complaint after it has been filed and served? Please provide statutory or case law authority. Thank you...


Asked on 4/30/07, 1:04 am

3 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: Civil Practice

The CPLR allows a plaintiff to amend a summons and complaint without court permission under certain circumstances and with court permission (on motion) under other circumstances. How it would need to be done in your specific case would depend upon the status of the case.

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Answered on 4/30/07, 7:33 am
Frank Pintauro Donohue & Partners, PC

Re: Civil Practice

You can amend the complaint without court permission if you do within 20 days of service. Beyond that you either have to get the parties to agree via stipulation or file a motion with the court.

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Answered on 4/30/07, 9:02 am
Johm Smith tom's

Re: Civil Practice

If you don't know how to do this, you really should have an attorney handling the litigation.

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Answered on 4/30/07, 10:03 am


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