Which options exist for a defendant to respond to a summons and complaint in New York?

• A. Serve answer
• B. Serve pre-answer MTD
• C. Both Serve answer and Serve pre-answer MTD
• D. Do nothing

Answer: (C)

In New York, a defendant has two valid ways to respond to a summons and complaint: either by serving an answer or by serving a pre-answer motion to dismiss under CPLR 3211. The pre-answer motion to dismiss lets you challenge the pleading’s sufficiency before any discovery begins; if the motion is denied, you then must serve an answer within 10 days after service of the order. If the motion is granted, the case can be dismissed (with possible opportunities to amend). Doing nothing isn’t a proper response, since failure to respond can lead to default judgment. So both responding with an answer and filing a pre-answer motion to dismiss are viable initial options.