What Happens When A New York Business Is Served
The clock starts on delivery, not on the day someone reads it. Most defaults are administrative failures, not legal defeats.
A business that is sued receives a summons and complaint. From that moment a response is due within a period fixed by law, and the most damaging outcomes in commercial litigation are not lost arguments — they are missed deadlines.
Service on an entity
A corporation or LLC formed in New York designates the Secretary of State as an agent for service of process. Papers served there are forwarded to the address the entity has on file.
This is why the address on file matters so much. If it is an old accountant's office or a former apartment, service is still legally effective and the company simply never learns about it. Confirming and updating that address is a five-minute task that prevents default judgments.
The response window
The time to answer depends on how service was made. Personal delivery to an authorised agent starts a shorter clock than service through the Secretary of State. Because the periods differ, the safe assumption is always the shortest one.
What a default means
Failing to respond can result in a default judgment — the plaintiff wins without the merits being argued. Judgments can then be enforced against bank accounts and receivables. Vacating a default is possible but requires showing both a reasonable excuse and a genuine defense, and it costs far more than answering would have.
Which court
New York's trial-level court of general jurisdiction is confusingly named the Supreme Court. Commercial disputes above a threshold may be assigned to its Commercial Division, which has judges experienced in business matters. Smaller claims go to lower courts with faster procedures.
What to do on day one
Note the date and manner of service on the envelope. Send everything to a lawyer immediately, without waiting to gather the facts. Notify your insurer — many policies cover defense costs and impose their own prompt-notice conditions. And preserve documents, including email and messages, as soon as litigation is anticipated.
This is general information, not legal advice. Speak to a qualified New York attorney before acting on any of it.