To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
New York state law authorizes the “nail and mail” method of service, which authorizes the process server, after attempting service with “due diligence,” to (1) tape a copy of the summons and complaint to the door of the defendant's home or office; (2) mail a copy by first class mail to the defendant's home address; and ...
“Settlement Agreement” and “Stipulation” are often used interchangeably.
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
A sample summons with notice that a plaintiff may file and serve on a defendant to commence a civil action in New York state supreme court under Civil Practice Law and Rules (CPLR) 305(b).