Legal Question in Civil Litigation in New York
NY Practice
According to the New York CPLR, the defendant must serve a copy of his answer on every party who has ''appeared'' in the action. My question is this: what constitutes ''appeared''? In a case where multiple defendants are being sued, does one serve a copy on each of them, whether they are cross-claimed against or not? I'd greatly appreciate any help on this topic. Thanks very much!
3 Answers from Attorneys
Re: NY Practice
Any person who has submitted any type of legal paper in that proceeding has "appeared" and copies must be served upon each of them.
Re: NY Practice
A defendant who has answered must be served. It is irrelevant if a defendant has cross-claimed.
Re: NY Practice
Serve your answer upon each party. Why would it matter whether or not a cross-claim was made? Keep all parties informed and on notice by serving them. Its better to be safe than sorry.
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