When must a complaint be served after a New York demand?

Identify a summons served without the complaint and the defendant’s actual appearance period. Confirm that the written demand was timely.

Preserve the demand, its service proof and the method. The summons service starts the demand window, while service of the demand starts this selected plaintiff response.

Responsible actor. The plaintiff whose complaint has been timely demanded. A timely written complaint demand personally served after a summons without complaint. No service addition, late-demand dispute or court extension is assumed.

1. Identify a summons served without the complaint and the defendant’s actual appearance period. Confirm that the written demand was timely.
2. Preserve the demand, its service proof and the method. The summons service starts the demand window, while service of the demand starts this selected plaintiff response.
3. Exclude the established trigger day and count 20 calendar days forward. Intermediate weekends and public holidays remain in the count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
4. Serve the complaint within the selected period and preserve proof. A filed complaint that was never served does not satisfy this service requirement.

General Construction Law 20 excludes the event day. Its closed-intervening-day exception applies to an exact two-day period, not to a one-day period. Intermediate weekends and public holidays count in other calendar-day periods. Section 25-a expressly includes statutory periods before which an act is due and permits the next succeeding business day for a closed final day. Rollover can place a backward boundary on the return date; preserve the stated hour and actual court directions. Roberts, a separately identified uncorrected Supreme Court decision concerning opposition to a cross-motion, applied section 25-a to a Sunday boundary before a Monday return. It is corroboration of that final-day treatment, not a different universal briefing rule.

The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

Fictitious example

A timely written complaint demand personally served after a summons without complaint. No service addition, late-demand dispute or court extension is assumed. Fictitious established event on the input date. A timely written complaint demand personally served after a summons without complaint. No service addition, late-demand dispute or court extension is assumed.

Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.

Demand timing

The defendant must make the written demand within the applicable appearance period. This calculator does not determine that earlier period or validate a late demand.

No demand

If no demand is made, the complaint must be served within twenty days after service of the notice of appearance. That is a different triggering document.

Appearance extension

A timely demand extends the defendant’s appearance period until twenty days after service of the complaint. The demand or motion itself is not an appearance.

Dismissal and late acceptance

The court may dismiss on motion if the complaint is not served as prescribed. CPLR 3012(d) relief requires the actual showing and court discretion, rather than an automatic extension.

Demand service method

This preset uses personal service. A qualifying mail or overnight demand may invoke CPLR 2103 additions because the response runs from service.

Edition and calendar coverage

These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. Backward presets require an actual open-day return date. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.

• A timely written complaint demand personally served after a summons without complaint. No service addition, late-demand dispute or court extension is assumed.
• The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.

• Identify a summons served without the complaint and the defendant’s actual appearance period. Confirm that the written demand was timely.
• Preserve the demand, its service proof and the method. The summons service starts the demand window, while service of the demand starts this selected plaintiff response.
• Serve the complaint within the selected period and preserve proof. A filed complaint that was never served does not satisfy this service requirement.
• The defendant must make the written demand within the applicable appearance period. This calculator does not determine that earlier period or validate a late demand.
• If no demand is made, the complaint must be served within twenty days after service of the notice of appearance. That is a different triggering document.
• A timely demand extends the defendant’s appearance period until twenty days after service of the complaint. The demand or motion itself is not an appearance.
• The court may dismiss on motion if the complaint is not served as prescribed. CPLR 3012(d) relief requires the actual showing and court discretion, rather than an automatic extension.
• This preset uses personal service. A qualifying mail or overnight demand may invoke CPLR 2103 additions because the response runs from service.
• In the applicable Supreme Court NYSCEF program, rule 202.5-b(d)(3)(i) permits transmission day or night and identifies recorded transmission with required fee information or permitted actual later payment as the filing event. Interlocutory service under (f)(2) depends on the transmitted NYSCEF notification reaching the proper participating addresses. Filing initiating papers does not itself establish defendant service. Under (h)(2), the clerk’s entry notification is not party service of notice of entry. Preserve the actual document, proof, timestamp, fee event, recipients and court requirements. Paper filing requires the applicable office procedure and receipt. The qualifying technical-failure and emergency hard-copy branches in (i) and (d)(1)(iii) require their actual conditions and later electronic filing; they are not presumed here.