New York § 402 Summons; time to appear and answer

New York Statutes

§ 402 — Summons; time to appear and answer

New York § 402

Law UJCUniform Justice Court Act

Art. 4Summons

This text of New York § 402 (Summons; time to appear and answer) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Uniform Justice Court Act § 402 (2026).

Text

§ 402. Summons; time to appear and answer.\n  (a) If the summons is personally delivered to the defendant, it shall\nrequire him to appear and answer on a day not less than six nor more\nthan thirty days after its service.\n  (b) If the summons is served:\n  1. by delivery to a person, including an actual or statutory designee,\nother than the defendant; or\n  2. by publication; or\n  3. by any means other than personal delivery to the defendant, it\nshall provide that the defendant must appear and answer on a day not\nless than six nor more than thirty days after service is complete.\n  (c) The specific return day of the summons shall be determined by\nrule, or, in the absence of rule, by inquiry of the court, and shall not\nbe set forth in the summons until so ascertained by the plaintif

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§ 402. Summons; time to appear and answer.\n (a) If the summons is personally delivered to the defendant, it shall\nrequire him to appear and answer on a day not less than six nor more\nthan thirty days after its service.\n (b) If the summons is served:\n 1. by delivery to a person, including an actual or statutory designee,\nother than the defendant; or\n 2. by publication; or\n 3. by any means other than personal delivery to the defendant, it\nshall provide that the defendant must appear and answer on a day not\nless than six nor more than thirty days after service is complete.\n (c) The specific return day of the summons shall be determined by\nrule, or, in the absence of rule, by inquiry of the court, and shall not\nbe set forth in the summons until so ascertained by the plaintiff.\n