This is part three in a series of articles explaining the fundamentals of Commercial Division practice. The article addresses key dates and deadlines that arise when litigating in the Commercial Division. Part one in the series, addressing the first steps taken when litigating in the Commercial Division, can be found here; part two, addressing initial steps such as filing and pleading, can be found here.

Responding to the Complaint

Following service of the complaint, the defendant’s time to respond depends on the method of service, but ranges from 20 to 30 days to file an answer or a pre-answer motion (if served by in-state agent and unless an extension is granted) (CPLR 3012 [a], [c]-[d]). With its first filing, the defendant also needs to file a corporate disclosure statement (Comm’l Div. Rule 35). If the defendant files a pre-answer motion, no answer is due until 10 days after the motion is resolved (CPLR 3211 [f]). Moreover, a motion to dismiss directed at fewer than all of the asserted claims extends the defendant’s time to serve an answer responding to the remaining claims (Levine v. Singal, 172 AD2d 402, 403 (1st Dep’t 2019) [“CPLR 3211(a) motion to dismiss made against any part of a pleading extends the time to serve a responsive pleading to all of it”]).