Legal Question in Civil Litigation in New York

"Sewer Service"

Something sounds a bit fishy in your scenario. In New York, SUPREME COURT cases are initiated by purchasing an index number and filing a copy of the summons and complaint with the court. There is no situation I can think of in which a Supreme Court case was properly served without previously having purchased an index number. However, it is possible that the index number had been purchased and was mistakenly omitted from the summons and complaint served upon you.

In New York, CIVIL COURT cases are initiated by the service of the summons and complaint. The index number is purchased after service has been effected.

I disagree with my colleague about contesting service. "Sewer service" is a common practice amongst unscrupulous attorneys who fail to bother to comply with the service requirements of the CPLR. If lawyers are permitted to take unlawful shortcuts to effect service, they will probably abuse the entire legal process.

In my practice, I always contest bad service because it sends a message: Regardless of the amount of money involved, I will fight for ALL of my client's rights. Contesting service can also be used to negotiate better terms in settlement negotiations.

Good luck!

Re: Is this Legally Binding??

No, but there may be other grounds for challenging service.

Re: Is this Legally Binding??

No. And even if you have grounds to challenge service, you're going to end up dealing with the matter in one form or another.

So, unless you're on the edge of the expiration of an applicable statute of limitations, there's usually little to be gained from attempting to play with technicalities of this sort.