Under CPLR 304, an action is commenced by which filing?

Under CPLR 304, an action is commenced by which filing?

• A. Filing a summons and complaint
• B. Filing a summons with notice
• C. Filing a summons and complaint or summons with notice
• D. Filing a complaint

Answer: (C)

In New York, starting a case means filing the initiating paper with the court, and CPLR 304 lets you begin either by filing a summons with notice or by filing a summons and complaint. This is the best answer because it captures both valid ways to commence a civil action: the summons with notice provides notice of the action (with the claim described) and the court's involvement, while the summons and complaint includes the full pleading attached at the outset. Filing only a complaint doesn’t meet the commencement rule, since there must be a summons involved to initiate the action. The option that recognizes both forms accurately reflects how commencement works under CPLR 304.

In New York, starting a case means filing the initiating paper with the court, and CPLR 304 lets you begin either by filing a summons with notice or by filing a summons and complaint. This is the best answer because it captures both valid ways to commence a civil action: the summons with notice provides notice of the action (with the claim described) and the court's involvement, while the summons and complaint includes the full pleading attached at the outset. Filing only a complaint doesn’t meet the commencement rule, since there must be a summons involved to initiate the action. The option that recognizes both forms accurately reflects how commencement works under CPLR 304.