New York Law (NYLE) Practice Exam

The rationale for the correctness of the assertion that the plaintiff can add a second defendant until 20 days after the defendant served his answer lies in the rules governing amendments and additions of parties in New York civil procedure. In New York, a plaintiff is afforded the opportunity to amend their pleadings or add new parties without needing the court's permission—that's known as "as of right"—within a stipulated time frame. When a defendant has served their answer, the plaintiff has a 20-day window to add additional defendants to the action. This flexibility allows the plaintiff to ensure that all appropriate parties are involved in the litigation before the case progresses further. The other options suggest varying time frames for adding a party, either too early or too late, or incorrectly state the requirement for court permission. However, the critical aspect of timing is that the 20-day period after the original defendant has served their answer is the designated time for the plaintiff to add another party as a matter of right. In this way, the time limit ensures swift resolution and encourages the early and comprehensive inclusion of all relevant parties in the civil action.