N.Y. Civil Practice Law & Rules § 305: Summons; supplemental summons, amendment

Rule 305. Summons; supplemental summons, amendment. (a) Summons;

supplemental summons. A summons shall specify the basis of the venue

designated and if based upon the residence of the plaintiff it shall

specify the plaintiff's address, and also shall bear the index number

assigned and the date of filing with the clerk of the court. A

third-party summons shall also specify the date of filing of the

third-party summons with the clerk of the court. The summons in an

action arising out of a consumer credit transaction shall prominently

display at the top of the summons the words "consumer credit

transaction" and, where a purchaser, borrower or debtor is a defendant,

shall specify the county of residence of a defendant, if one resides

within the state, and the county where the consumer credit transaction

took place, if it is within the state. Where, upon order of the court

or by stipulation of all parties or as of right pursuant to section

1003, a new party is joined in the action and the joinder is not made

upon the new party's motion, a supplemental summons specifying the

pleading which the new party must answer shall be filed with the clerk

of the court and served upon such party.

(b) Summons and notice. If the complaint is not served with the

summons, the summons shall contain or have attached thereto a notice

stating the nature of the action and the relief sought, and, except in

an action for medical malpractice, the sum of money for which judgment

may be taken in case of default.

(c) Amendment. At any time, in its discretion and upon such terms as

it deems just, the court may allow any summons or proof of service of a

summons to be amended, if a substantial right of a party against whom

the summons issued is not prejudiced.