The plaintiff’s petition or complaint is the document filed with the court and delivered to the defendant (served) that initiates a lawsuit and puts the defendant on notice of the plaintiff’s claims against the defendant and the relief the plaintiff is asking the court to award (usually money or injunctive relief).
In New York, the plaintiff's petition or complaint is the initial legal document filed in a civil court to start a lawsuit. This document outlines the plaintiff's allegations against the defendant, the factual basis for the claims, and the specific relief or damages the plaintiff is seeking. Once the complaint is filed with the court, it must be properly served on the defendant, which provides official notice of the lawsuit and the claims being made. Service of process must be done in accordance with New York's Civil Practice Law and Rules (CPLR), which dictate the methods and time frames for service. After being served, the defendant has a specific period of time to respond to the complaint, typically by filing an answer or a motion to dismiss. Failure to respond appropriately can result in a default judgment against the defendant.