Title CVP, Civil Practice Law & Rules

§ 1354. Joinder of a party. A person or enterprise not convicted of\nthe crime of enterprise corruption may be made a party to a civil action\nunder this article, whenever joinder of such person or enterprise is\nnecessary pursuant to section 1001 of this chapter.\n

§ 1355. Civil actions notice. Within fifteen days of commencing a\ncivil proceeding pursuant to this article, the prosecutor bringing such\naction must notify those district attorneys who were affected district\nattorneys within the meaning of section 460.60 of the penal law in …

§ 1401. Claim for contribution. Except as provided in sections 15-108\nand 18-201 of the general obligations law, sections eleven and\ntwenty-nine of the workers' compensation law, or the workers'\ncompensation law of any other state or the federal government, two or\nmore perso…

§ 1402. Amount of contribution. The amount of contribution to which a\nperson is entitled shall be the excess paid by him over and above his\nequitable share of the judgment recovered by the injured party; but no\nperson shall be required to contribute an amount greater than his…

§ 1403. How contribution claimed. A cause of action for contribution\nmay be asserted in a separate action or by cross-claim, counterclaim or\nthird-party claim in a pending action.\n

§ 1404. Rights of persons entitled to damages not affected; Rights of\nindemnity or subrogation preserved. (a) Nothing contained in this\narticle shall impair the rights of any person entitled to damages under\nexisting law.\n (b) Nothing contained in this article shall impair a…

§ 1411. Damages recoverable when contributory negligence or assumption\nof risk is established. (a) Except as provided in subsection (b) of this\nsection, in any action to recover damages for personal injury, injury to\nproperty, or wrongful death, the culpable conduct attributa…

§ 1412. Burden of pleading; burden of proof. Culpable conduct claimed\nin diminution of damages, in accordance with section fourteen hundred\neleven, shall be an affirmative defense to be pleaded and proved by the\nparty asserting the defense.\n

§ 1413. Applicability. This article shall apply to all causes of\naction accruing on or after September first, nineteen hundred\nseventy-five.\n

§ 1501. Actions against persons jointly liable; service of summons;\njudgment. Where less than all of the named defendants in an action based\nupon a joint obligation, contract or liability are served with the\nsummons, the plaintiff may proceed against the defendants served, un…

§ 1502. Provisional remedies and defenses in subsequent action against\nco-obligor. A subsequent action against a co-obligor who was not\nsummoned in the original action must be maintained in order to procure a\njudgment enforceable against his individually held property for the…

§ 1600. Definitions. As used in this article the term "non-economic\nloss" includes but is not limited to pain and suffering, mental anguish,\nloss of consortium or other damages for non-economic loss.\n

§ 1601. Limited liability of persons jointly liable. 1.\nNotwithstanding any other provision of law, when a verdict or decision\nin an action or claim for personal injury is determined in favor of a\nclaimant in an action involving two or more tortfeasors jointly liable\nor in a…

§ 1602. Application. The limitations set forth in this article shall:\n 1. apply to any claim for contribution or indemnification, but shall\nnot include:\n (a) a claim for indemnification if, prior to the accident or\noccurrence on which the claim is based, the claimant and the…

§ 1603. Burdens of proof. In any action or claim for damages for\npersonal injury a party asserting that the limitations on liability set\nforth in this article do not apply shall allege and prove by a\npreponderance of the evidence that one or more of the exemptions set\nforth …

§ 2001. Mistakes, omissions, defects and irregularities. At any stage\nof an action, including the filing of a summons with notice, summons and\ncomplaint or petition to commence an action, the court may permit a\nmistake, omission, defect or irregularity, including the failure …

§ 2002. Error in ruling of court. An error in a ruling of the court\nshall be disregarded if a substantial right of a party is not\nprejudiced.\n

§ 2003. Irregularity in judicial sale. At any time within one year\nafter a sale made pursuant to a judgment or order, but not thereafter,\nthe court, upon such terms as may be just, may set the sale aside for a\nfailure to comply with the requirements of the civil practice law …

§ 2004. Extensions of time generally. Except where otherwise expressly\nprescribed by law, the court may extend the time fixed by any statute,\nrule or order for doing any act, upon such terms as may be just and upon\ngood cause shown, whether the application for extension is ma…

§ 2005. Excusable delay or default. Upon an application satisfying the\nrequirements of subdivision (d) of section 3012 or subdivision (a) of\nrule 5015, the court shall not, as a matter of law, be precluded from\nexercising its discretion in the interests of justice to excuse d…

§ 201. Application of article. An action, including one brought in the\nname or for the benefit of the state, must be commenced within the time\nspecified in this article unless a different time is prescribed by law\nor a shorter time is prescribed by written agreement. No court…

§ 202. Cause of action accruing without the state. An action based\nupon a cause of action accruing without the state cannot be commenced\nafter the expiration of the time limited by the laws of either the state\nor the place without the state where the cause of action accrued, …

§ 203. Method of computing periods of limitation generally. (a)\nAccrual of cause of action and interposition of claim. The time within\nwhich an action must be commenced, except as otherwise expressly\nprescribed, shall be computed from the time the cause of action accrued\nto …

§ 204. Stay of commencement of action; demand for arbitration. (a)\nStay. Where the commencement of an action has been stayed by a court or\nby statutory prohibition, the duration of the stay is not a part of the\ntime within which the action must be commenced.\n (b) Arbitration…

§ 205. Termination of action. (a) New action by plaintiff. If an\naction is timely commenced and is terminated in any other manner than by\na voluntary discontinuance, a failure to obtain personal jurisdiction\nover the defendant, a dismissal of the complaint for neglect to\npro…

§ 205-a. Termination of certain actions related to real property. (a)\nIf an action upon an instrument described under subdivision four of\nsection two hundred thirteen of this article is timely commenced and is\nterminated in any manner other than a voluntary discontinuance, a\…

§ 206. Computing periods of limitation in particular actions. (a)\nWhere demand necessary. Except as provided in article 3 of the uniform\ncommercial code, where a demand is necessary to entitle a person to\ncommence an action, the time within which the action must be commenced\…

§ 207. Defendant's absence from state or residence under false name.\nIf, when a cause of action accrues against a person, he is without the\nstate, the time within which the action must be commenced shall be\ncomputed from the time he comes into or returns to the state. If, aft…

§ 208. Infancy, insanity. (a) If a person entitled to commence an\naction is under a disability because of infancy or insanity at the time\nthe cause of action accrues, and the time otherwise limited for\ncommencing the action is three years or more and expires no later than\nth…

§ 208-a. In custody at time of cause of action. Notwithstanding any\nprovisions of law that impose a period of limitation to the contrary or\nany provisions of any other law pertaining to the filing of a notice of\nclaim or a notice of intention to file a claim as a condition pr…

§ 209. War. (a) Cause of action accruing in foreign country. Where a\ncause of action, whether originally accrued in favor of a resident or\nnon-resident of the state, accrued in a foreign country with which the\nUnited States or any of its allies were then or subsequently at wa…

§ 210. Death of claimant or person liable; cause of action accruing\nafter death and before grant of letters. (a) Death of claimant. Where a\nperson entitled to commence an action dies before the expiration of the\ntime within which the action must be commenced and the cause of …

Rule 2101. Form of papers. (a) Quality, size and legibility. Each\npaper served or filed shall be durable, white and, except for summonses,\nsubpoenas, notices of appearance, notes of issue, orders of protection,\ntemporary orders of protection and exhibits, shall be eleven by e…

Rule 2102. Filing of papers. (a) Except where otherwise prescribed by\nlaw or order of court, papers required to be filed shall be filed with\nthe clerk of the court in which the action is triable. In an action or\nproceeding in supreme or county court and in a proceeding not br…

Rule 2103. Service of papers. (a) Who can serve. Except where\notherwise prescribed by law or order of court, papers may be served by\nany person not a party of the age of eighteen years or over.\n (b) Upon an attorney. Except where otherwise prescribed by law or\norder of court…

Rule 2103-a. Confidentiality of addresses in civil proceedings. (a)\nNotwithstanding any other provision of law, in any civil proceeding,\nwhether or not an order of protection or temporary order of protection\nis sought or has been sought in the past, the court may, upon its ow…

Rule 2104. Stipulations. An agreement between parties or their\nattorneys relating to any matter in an action, other than one made\nbetween counsel in open court, is not binding upon a party unless it is\nin a writing subscribed by him or his attorney or reduced to the form of\n…

§ 2105. Certification by attorney. Where a certified copy of a paper\nis required by law, an attorney admitted to practice in the courts of\nthe state may certify that it has been compared by him with the original\nand found to be a true and complete copy. Such a certificate, wh…

Rule 2106. Affirmation of truth of statement. (a) The statement of any\nperson wherever made, subscribed and affirmed by that person to be true\nunder the penalties of perjury, other than in a deposition, or an oath\nof office, or an oath required to be taken before a specified …

§ 211. Actions to be commenced within twenty years. (a) On a bond. An\naction to recover principal or interest upon a written instrument\nevidencing an indebtedness of the state of New York or of any person,\nassociation or public or private corporation, originally sold by the\n…

§ 2110. Definitions. For purposes of this section, "facsimile\ntransmission" and "electronic means" shall be as defined in subdivision\n(f) of rule 2103 of this chapter.\n

§ 2111. Filing of papers in the trial courts by facsimile transmission\nand by electronic means. (a) Notwithstanding any other provision of\nlaw, the chief administrator of the courts, with the approval of the\nadministrative board of the courts, may promulgate rules authorizing…

§ 2112. Filing of papers in the appellate division by electronic\nmeans. Notwithstanding any other provision of law, and except as\notherwise provided in subdivision (c) of section twenty-one hundred\neleven of this article, the appellate division in each judicial\ndepartment ma…

§ 212. Actions to be commenced within ten or fifteen years. (a)\nPossession necessary to recover real property. An action to recover real\nproperty or its possession cannot be commenced unless the plaintiff, or\nhis predecessor in interest, was seized or possessed of the premise…

§ 213. Actions to be commenced within six years: where not otherwise\nprovided for; on contract; on sealed instrument; on bond or note, and\nmortgage upon real property; by state based on misappropriation of\npublic property; based on mistake; by corporation against director,\no…

§ 213-a. Residential rent overcharge. No overcharge penalties or\ndamages may be awarded for a period more than six years before the\naction is commenced or complaint is filed, however, an overcharge claim\nmay be filed at any time, and the calculation and determination of the\n…

§ 213-b. Action by a victim of a criminal offense. Notwithstanding any\nother limitation set forth in this article or in article five of the\nestates, powers and trusts law, an action by a crime victim, or the\nrepresentative of a crime victim, as defined in subdivision six of\n…

§ 213-c. Action by victim of conduct constituting certain sexual\noffenses. Notwithstanding any other limitation set forth in this\narticle, except as provided in subdivision (b) of section two hundred\neight of this article, all civil claims or causes of action brought by\nany …

§ 213-d. Actions to be commenced within three years; medical debt. An\naction on a medical debt by a hospital licensed under article\ntwenty-eight of the public health law or a health care professional\nauthorized under title eight of the education law shall be commenced\nwithin…

§ 214. Actions to be commenced within three years: for non-payment of\nmoney collected on execution; for penalty created by statute; to recover\nchattel; for injury to property; for personal injury; for malpractice\nother than medical, dental or podiatric malpractice; to annul a…