Complaint
(NY)

Summary

This Complaint (NY) is a standard form that attorneys can use to commence a civil action in New York Supreme Court. It contains all required complaint elements and additional elements you might include. You will need to customize it to fit the specific facts and claims you will allege. This template contains practical guidance, drafting notes, and alternate clauses. To commence an action in New York, a plaintiff generally must file: • A complaint • A summons for each defendant • A filing fee • Any exhibits referenced in the complaint • A certificate of merit for medical, dental, and podiatric malpractice actions (see N.Y. C.P.L.R. 3012–a) and certain foreclosure actions (see N.Y. C.P.L.R. 3012–b) Your complaint must give notice of the transactions or occurrences you intend to prove and each cause of action's material elements. See N.Y. C.P.L.R. 3013. When drafting your complaint, you must include: • A caption (N.Y. C.P.L.R. 2101(c); 22 NYCRR § 202.5) that contains: ○ The name of the court ○ The county of venue ○ The title of the action ○ The document title ○ The index number (if one has been assigned) ○ The judge's name (if one has been assigned) • Factual allegations in consecutively numbered paragraphs that are limited, as far as practicable, to a single allegation (N.Y. C.P.L.R. 3014) • Each claim as a separate and numbered cause of action (N.Y. C.P.L.R. 3013, 3014) • Plain and concise statements of the factual allegations and legal theories for each cause of action ○ Note that the C.P.L.R. requires you to plead allegations with greater particularity for certain specific causes of action (N.Y. C.P.L.R. 3016), including:  Libel or slander  Fraud or mistake  Separation or divorce  Action on a judgment • A demand for relief (N.Y. C.P.L.R. 3017(a)) ○ The demand for relief may include alternative relief or several different types of relief. ○ In personal injury or wrongful death actions, the demand for relief should not state the amount of damages claimed. See N.Y. C.P.L.R. § 3017(c). ○ If the plaintiff files the complaint in New York Supreme Court, the plaintiff must state whether the damages amount exceeds the lower courts' jurisdiction limits. See N.Y. C.P.L.R. § 3017(c). You must serve the complaint within 120 days after you filed the action. See N.Y. C.P.L.R. § 306-b. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on commencing a civil action in New York Supreme Court, see Commencing a Lawsuit: Drafting the Summons and Complaint (NY) and Commencing a Lawsuit: Alternatives to Summons and Complaint (NY). For more information on responding to a complaint, see Counterclaims and Crossclaims: Asserting and Responding to Counterclaims and Crossclaims (NY). For more information on computing and extending time in New York Supreme Court, see Computing and Extending Time in Litigation (NY). Responding to the Complaint Generally, note for your planning purposes that a defendant has 20 or 30 days to respond to the pleading(s), depending on how, upon whom, and where service is affected. C.P.L.R. 320. The importance of the phrase "after service is complete" in C.P.L.R. 320 cannot be overstated. Circumstances Requiring Response Within Twenty Days Generally, a defendant must respond to the pleadings within 20 days after service of the summons with notice or summons and complaint only if: • Defendant is a natural person and the summons was personally delivered to the defendant within the state (C.P.L.R. 308(1)) –or– • Defendant is not a natural person, for example, a corporation, and either: o It was served personally within the state –or– o An agent designated by the defendant was served C.P.L.R. 320(a); see also C.P.L.R. 3012(b). For more information on responding to a complaint, see Responding to the Complaint (NY).