When commencing an action in New York, what document must be filed with the court?

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When commencing an action in New York, the essential document that must be filed with the court is a summons and complaint or a summons with notice. The summons is a legal document that notifies the defendant that a legal action has been initiated against them, while the complaint provides the specific details of the claims being asserted.

Filing this document is a crucial first step in initiating any civil lawsuit, as it ensures that the court has jurisdiction over the matter and that the defendant is formally informed about the action. This duality of providing both the summons and complaint or the summons with notice is critical, as it establishes the legal groundwork for the case to proceed.

The other options do not serve this purpose. A motion for summary judgment, for instance, is not part of the initial filings to start a case but rather a request for the court to rule on the merits of a case after the pleadings have been established. Similarly, an answer to a prior complaint is a responsive document, filed after the initial action is commenced, and a request for mediation is a separate procedural step that does not initiate the action itself. Thus, only the summons and complaint or summons with notice fulfill the requirement for commencing an action in New York.

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