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New York Lien Law Section 48 - Proceedings On Return Of Summons; Answer; Judgment By Default.

Legal Research Home > New York Lawyer > Lien > New York Lien Law Section 48 - Proceedings On Return Of Summons; Answer; Judgment By Default.

    § 48.  Proceedings on return of summons; answer; judgment by default.
  At the time and place specified in the summons for the  return  thereof,
  in  a court not of record, issue must be joined, if both parties appear,
  by the defendant filing with the justice a verified answer, containing a
  general denial of each allegation of the complaint, or a specific denial
  of one or more of the material allegations thereof; or any other  matter
  constituting  a  defense  to  the  lien or to the claim upon which it is
  founded. If the defendant fail to appear on the return-day, on proof  by
  affidavit  of  the service of the summons and complaint, judgment may be
  rendered for the amount claimed, with costs.

Last modified: August 24, 2006