Commencing a New York Lawsuit Toolkit | Practical Law

Commencing a New York Lawsuit Toolkit | Practical Law

Resources to help counsel commence a lawsuit in New York, including resources that explain the New York court structure, the initial considerations for bringing a lawsuit, how to draft the summons and complaint and other case-initiating papers in New York state supreme court, whether to commence the case using an alternative method such as by motion for summary judgment in lieu of complaint, how to file documents in hard copy, electronically, and under seal, how to serve case-initiating papers and file the proof of service, whether to litigate in the commercial division, and whether and how to commence a CPLR Article 78 proceeding.

Commencing a New York Lawsuit Toolkit

Practical Law Toolkit 9-582-0645 (Approx. 12 pages)

Commencing a New York Lawsuit Toolkit

by Practical Law Litigation
MaintainedNew York
Resources to help counsel commence a lawsuit in New York, including resources that explain the New York court structure, the initial considerations for bringing a lawsuit, how to draft the summons and complaint and other case-initiating papers in New York state supreme court, whether to commence the case using an alternative method such as by motion for summary judgment in lieu of complaint, how to file documents in hard copy, electronically, and under seal, how to serve case-initiating papers and file the proof of service, whether to litigate in the commercial division, and whether and how to commence a CPLR Article 78 proceeding.
This Toolkit contains resources on bringing a lawsuit in New York, including how to:
  • Determine whether a New York court has jurisdiction over the claims and parties.
  • Choose the best method for commencing a case in New York State Supreme Court.
  • Determine the proper forum for the case.
  • Commence and litigate:
    • in the commercial division of the New York supreme court;
    • third-party claims; and
    • CPLR Article 78 proceedings.
  • Format and file the case-initiating documents.
  • Serve the case-initiating documents and file the proof of service.