Legal Question in Legal Ethics in New York
Index Number
An index number expires in 120 days, but are those continuous days or business days?
Asked on 2/02/09, 11:48 am
1 Answer from Attorneys
Matthew Schwartz
Schwartz & Ponterio, PLLC
Re: Index Number
The index number does not "expire", rather, the plaintiff has 120 days from the date of filing in which to serve the defendant. The days are calculated consecutively - not by "business days".
If the defendant is not served within 120 days, the complaint is subject to dismissal, unless the deadline is extended. The deadline can be extended by court order for good cause or in the interests of justice.
Answered on 2/03/09, 2:39 pm
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