Title CVP, Civil Practice Law & Rules

§ 214-a. Action for medical, dental or podiatric malpractice to be\ncommenced within two years and six months; exceptions. An action for\nmedical, dental or podiatric malpractice must be commenced within two\nyears and six months of the act, omission or failure complained of or\…

§ 214-b. Action to recover damages for personal injury caused by\ncontact with or exposure to phenoxy herbicides. Notwithstanding any\nprovision of law to the contrary, an action to recover damages for\npersonal injury caused by contact with or exposure to phenoxy herbicides\nwh…

§ 214-c. Certain actions to be commenced within three years of\ndiscovery. 1. In this section: "exposure" means direct or indirect\nexposure by absorption, contact, ingestion, inhalation, implantation or\ninjection.\n 2. Notwithstanding the provisions of section 214, the three y…

§ 214-d. Limitations on certain actions against licensed engineers and\narchitects. 1. Any person asserting a claim for personal injury,\nwrongful death or property damage, or a cross or third-party claim for\ncontribution or indemnification arising out of an action for personal…

§ 214-e. Action to recover damages for personal injury caused by the\ninfusion of such blood products which result in the contraction of the\nhuman immunodeficiency virus (HIV) and/or AIDS. Notwithstanding any\nprovision of law to the contrary, any cause of action for an injury …

§ 214-f. Action to recover damages for personal injury caused by\ncontact with or exposure to any substance or combination of substances\nfound within an area designated as a superfund site. Notwithstanding any\nprovision of law to the contrary, an action to recover personal dam…

§ 214-g. Certain child sexual abuse cases. Notwithstanding any\nprovision of law which imposes a period of limitation to the contrary\nand the provisions of any other law pertaining to the filing of a notice\nof claim or a notice of intention to file a claim as a condition\nprec…

§ 214-h. Certain actions by public water suppliers to recover damages\nfor injury to property. 1. In this section:\n (a) "Contaminant" means any physical, chemical, biological or\nradiological substance or matter in water and includes but is not\nlimited to an emerging contamina…

* § 214-i. Certain actions arising out of consumer credit transactions\nto be commenced within three years. An action arising out of a consumer\ncredit transaction where a purchaser, borrower or debtor is a defendant\nmust be commenced within three years, except as provided in s…

* § 214-i. Action to recover damages for personal injury caused by\ncontact with or exposure to toxic burn pits. 1. Notwithstanding any\nprovision of law to the contrary, an action to recover damages for\npersonal injury caused by exposure to toxic burn pits while serving as a\n…

§ 214-j. Certain sexual offense actions. Notwithstanding any provision\nof law which imposes a period of limitation to the contrary and the\nprovisions 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 precede…

§ 215. Actions to be commenced within one year: against sheriff,\ncoroner or constable; for escape of prisoner; for assault, battery,\nfalse imprisonment, malicious prosecution, libel or slander; for\nviolation of right of privacy; for penalty given to informer; on\narbitration …

§ 216. Abbreviation of period to one year after notice. (a) Action to\nrecover money. 1. No action for the recovery of any sum of money due and\npayable under or on account of a contract, or for any part thereof,\nshall be commenced by any person who has made claim to the sum, a…

§ 217. Proceeding against body or officer; actions complaining about\nconduct that would constitute a union's breach of its duty of fair\nrepresentation; four months. 1. Unless a shorter time is provided in\nthe law authorizing the proceeding, a proceeding against a body or\noff…

§ 217-a. Actions to be commenced within one year and ninety days.\nNotwithstanding any other provision of law to the contrary, and\nirrespective of whether the relevant statute is expressly amended by the\nuniform notice of claim act, every action for damages or injuries to\nrea…

§ 218. Transitional provisions. (a) Actions barred at effective date.\nNothing in this article shall authorize any action to be commenced which\nis barred when this article becomes effective, except insofar as the\nright to commence the action may be revived by an acknowledgment…

§ 2201. Stay. Except where otherwise prescribed by law, the court in\nwhich an action is pending may grant a stay of proceedings in a proper\ncase, upon such terms as may be just.\n

§ 2211. Application for order; when motion made. A motion is an\napplication for an order. A motion on notice is made when a notice of\nthe motion or an order to show cause is served.\n

§ 2212. Where motion made, in supreme court action. (a) Motions on\nnotice. A motion on notice in an action in the supreme court shall be\nnoticed to be heard in the judicial district where the action is triable\nor in a county adjoining the county where the action is triable. U…

§ 2213. Where motion made, in county court action. (a) Ex parte\nmotions. A motion in an action in a county court that may be made\nwithout notice may be made before a motion term of the county court or\nbefore the county judge out of court in any county in the state.\n (b) Moti…

Rule 2214. Motion papers; service; time. (a) Notice of motion. A\nnotice of motion shall specify the time and place of the hearing on the\nmotion, the supporting papers upon which the motion is based, the relief\ndemanded and the grounds therefor. Relief in the alternative or of…

Rule 2215. Relief demanded by other than moving party. At least three\ndays prior to the time at which the motion is noticed to be heard, or\nseven days prior to such time if demand is properly made pursuant to\nsubdivision (b) of rule 2214, a party may serve upon the moving par…

Rule 2217. Prior motion; ex parte motion; transfer of motion.\n (a) Prior motion. Any motion may be referred to a judge who decided a\nprior motion in the action.\n (b) Affidavit on ex parte motion. An ex parte motion shall be\naccompanied by an affidavit stating the result of a…

§ 2218. Trial of issue raised on motion. The court may order that an\nissue of fact raised on a motion shall be separately tried by the court\nor a referee. If the issue is triable of right by jury, the court shall\ngive the parties an opportunity to demand a jury trial of such …

Rule 2219. Time and form of order. (a) Time and form of order\ndetermining motion, generally. An order determining a motion relating to\na provisional remedy shall be made within twenty days, and an order\ndetermining any other motion shall be made within sixty days, after the\n…

Rule 2220. Entry and filing of order; service. (a) Entry and filing.\nAn order determining a motion shall be entered and filed in the office\nof the clerk of the court where the action is triable, and all papers\nused on the motion and any opinion or memorandum in writing shall …

Rule 2221. Motion affecting prior order. (a) A motion for leave to\nrenew or to reargue a prior motion, for leave to appeal from, or to\nstay, vacate or modify, an order shall be made, on notice, to the judge\nwho signed the order, unless he or she is for any reason unable to he…

Rule 2222. Docketing order as judgment. At the request of any party\nthe clerk shall docket as a judgment an order directing the payment of\nmoney, including motion costs, or affecting the title to, or the\npossession, use or enjoyment of, real property, provided, however, that\…

Rule 2223. Duties of officer receiving mandate. An officer to whom a\nmandate is delivered to be executed shall:\n 1. execute the mandate according to its command;\n 2. give without compensation to the person delivering the mandate, if\nrequested, a written receipt describing th…

§ 2301. Scope of subpoena. A subpoena requires the attendance of a\nperson to give testimony. A subpoena duces tecum requires production of\nbooks, papers and other things. A child support subpoena is a subpoena\nissued pursuant to section one hundred eleven-p of the social serv…

§ 2302. Authority to issue. (a) Without court order. Subpoenas may be\nissued without a court order by the clerk of the court, a judge where\nthere is no clerk, the attorney general, an attorney of record for a\nparty to an action, an administrative proceeding or an arbitration,…

§ 2303. Service of subpoena; payment of fees in advance. (a) A\nsubpoena requiring attendance or a subpoena duces tecum shall be served\nin the same manner as a summons, except that where service of such a\nsubpoena is made pursuant to subdivision two or four of section three\nh…

§ 2303-a. Service of a trial subpoena. Where the attendance at trial\nof a party or person within the party's control can be compelled by a\ntrial subpoena, that subpoena may be served by delivery in accordance\nwith subdivision (b) of rule 2103 to the party's attorney of record…

§ 2304. Motion to quash, fix conditions or modify. A motion to quash,\nfix conditions or modify a subpoena shall be made promptly in the court\nin which the subpoena is returnable. If the subpoena is not returnable\nin a court, a request to withdraw or modify the subpoena shall …

§ 2305. Attendance required pursuant to subpoena; possession of books,\nrecords, documents or papers. (a) When person required to attend. A\nsubpoena may provide that the person subpoenaed shall appear on the date\nstated and any recessed or adjourned date of the trial, hearing …

§ 2306. Hospital records; medical records of department or bureau of a\nmunicipal corporation or of the state. (a) Transcript or reproduction.\nWhere a subpoena duces tecum is served upon a hospital, or upon a\ndepartment or bureau of a municipal corporation or of the state, or …

§ 2307. Books, papers and other things of a library, department or\nbureau of a municipal corporation or of the state. Issuance by court. A\nsubpoena duces tecum to be served upon a library, or a department or\nbureau of a municipal corporation or of the state, or an officer\nth…

§ 2308. Disobedience of subpoena. (a) Judicial. Failure to comply with\na subpoena issued by a judge, clerk or officer of the court shall be\npunishable as a contempt of court. If the witness is a party the court\nmay also strike his or her pleadings. A subpoenaed person shall a…

§ 2309. Oaths and affirmations. (a) Persons authorized to administer.\nUnless otherwise provided, an oath or affirmation may be administered by\nany person authorized to take acknowledgments of deeds by the real\nproperty law. Any person authorized by the laws of this state to r…

§ 2401. Order when publication cannot be made. 1. Where because of\ncircumstances beyond the control of a party required to publish,\npublication required by any statute, rule or court order cannot be made\nor completed in the specified place or newspaper in the required manner,…

§ 2402. Computation of time for publication of notice. The period of\npublication of a legal notice shall be computed by excluding the first\nday of publication and including the day on which the act or event of\nwhich notice is given is to take place or which completes the full…

§ 2501. Undertaking; definition. Undertaking includes\n 1. Any obligation, whether or not the principal is a party thereto,\nwhich contains a covenant by a surety to pay the required amount, as\nspecified therein, if any required condition, as specified therein or as\nprovided i…

§ 2502. Surety; form of affidavit; two or more undertakings;\ncondition; acknowledgment. (a) Surety; form of affidavit. Unless the\ncourt orders otherwise, surety shall be:\n 1. an insurance company authorized to execute the undertaking within\nthe state, or\n 2. a natural perso…

§ 2503. Undertaking of more than one thousand dollars; real property;\nlien. (a) Creation of lien. Unless the court orders otherwise, an\nundertaking in an amount of more than one thousand dollars, which is not\na deposit of legal tender of the United States or in face value of\…

§ 2504. Waiver of undertaking; removal and change of parties. (a)\nWaiver of undertaking. Unless the court orders otherwise, an undertaking\nmay be waived by the written consent of all parties.\n (b) Removal and change of parties. The liability on an undertaking\nshall remain in…

§ 2505. Filing of undertaking; service upon adverse party; time when\neffective. An undertaking together with any affidavit required by this\narticle shall be filed with the clerk of the court in which the action\nis triable, or, upon an appeal, in the office where the judgment …

§ 2506. Exception to surety; allowance where no exception taken. (a)\nException to surety. If a certificate of qualification issued pursuant\nto subsections (b), (c) and (d) of section one thousand one hundred\neleven of the insurance law is not filed with the undertaking, a par…

§ 2507. Justification of surety. (a) Motion to justify. Within ten\ndays after service of notice of exception, the surety excepted to or the\nperson upon whose behalf the undertaking was given shall move to\njustify, upon notice to the adverse party and to the sheriff if he was\…

§ 2508. Motion for new or additional undertaking. Upon motion of any\ninterested person, upon notice to the parties and surety, and to the\nsheriff, where he was required to be served with the undertaking, the\ncourt may order a new or additional undertaking, a justification or\…

§ 2509. Control of assets by agreement with surety. Any person of whom\nan undertaking is required may agree with his surety for the deposit of\nany assets for which his surety may be held responsible with a bank, or\nsafe deposit or trust company, authorized to do business in t…