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New York Civil Practice Law and Rules 306-a - Index Number In An Action Commenced In Supreme Or County Court.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 306-a - Index Number In An Action Commenced In Supreme Or County Court.

    § 306-a.  Index  number  in  an action commenced in supreme or county
  court.  (a) Upon filing the summons and complaint, summons  with  notice
  or  petition  in  an action or proceeding commenced in supreme or county
  court, an index number  shall  be  assigned  and  the  fee  required  by
  subdivision (a) of section eight thousand eighteen of this chapter shall
  be paid. Upon the filing of a summons and complaint against a person not
  already  a  party, as permitted under section one thousand seven or rule
  one thousand eleven of this chapter, the fee required by subdivision (a)
  of section eight thousand eighteen of this chapter shall be paid, but  a
  separate index number shall not be assigned.
    (b)  If a person other than the plaintiff or third-party plaintiff who
  served the summons or third-party summons obtains the index  number  and
  pays  the  fee  therefor,  the  clerk shall issue an order directing the
  plaintiff or the third-party plaintiff to pay such person the amount  of
  the  fee  paid. If such fee is not paid within thirty days of service of
  the order with notice of entry, the person who paid the fee, in addition
  to any other remedies available at law, may apply to the  clerk  for  an
  order dismissing the action without prejudice.

Last modified: July 31, 2006