New York Law (NYLE) Practice Exam

Was the defendant's appearance timely after the service of the complaint?

1. A. Yes, because the defendant served a written demand for the complaint which extended the time to appear.

2. B. Yes, because the plaintiff did not serve the complaint with the original service, which extended the time to appear.

3. C. No, because the defendant served the demand for the complaint more than 20 days from the date of service.

4. D. No, because the defendant filed a notice of appearance late.

The correct answer is: D. No, because the defendant filed a notice of appearance late.

The timing of the defendant's appearance is crucial in determining whether it was timely or not under New York law. The most relevant reason supporting a conclusion that the defendant's appearance was untimely relates to the late filing of the notice of appearance. In New York, a defendant generally must respond or appear within a certain period after being served with a summons and complaint, typically 20 or 30 days depending on the method of service. If the defendant did not file the notice of appearance within that designated period, such a filing would be considered late. A notice of appearance officially informs the court and the parties of the defendant's participation in the case and usually must be filed alongside a responsive pleading or motion. The failure to do this within the required timeframe would mean that the defendant is not compliant with procedural rules, thus rendering the appearance untimely. The other choices address certain scenarios regarding requests and service of the complaint that could potentially extend the time for responding, but these would not be relevant if the defendant simply did not file the notice of appearance in a timely manner. The timeliness of the notice is a key factor in determining whether the defendant has preserved rights to contest the complaint or engage with the proceedings appropriately.