New York Law (NYLE) Practice Exam

What happens if a defendant is not served with the complaint in New York?

1. A. The defendant automatically loses the case.

2. B. The defendant may demand a complaint within a specified time period.

3. C. The court must dismiss the action.

4. D. The defendant can appeal immediately.

The correct answer is: B. The defendant may demand a complaint within a specified time period.

In New York, if a defendant is not served with the complaint, the proper recourse is that the defendant may demand a complaint within a specified time period. This reflects the fundamental principle of due process, which requires that a defendant has the opportunity to know the claims against them and to respond appropriately. The defendant's right to demand a complaint is particularly important because it ensures that they are not left in the dark regarding the allegations being made—the defendant can request a copy of the complaint even if they have not been served properly. Once the complaint is received, the defendant can then respond accordingly. In contrast, the other options present misunderstandings of the legal process. The idea that a defendant automatically loses the case if not served misinterprets the significance of proper service; the action does not proceed without the defendant's knowledge and participation. Additionally, a court is not strictly obligated to dismiss the action in such cases; rather, there might be other remedies or alternative actions available. Finally, an immediate appeal is not an option simply due to improper service; appeals are generally reserved for final judgments or specific interlocutory decisions, not for the mere issue of service. Thus, the ability for the defendant to demand a complaint underscores the importance of ensuring that