Title CVP, Civil Practice Law & Rules

§ 2510. Discharge of surety on the undertaking of a fiduciary. (a)\nMotion; new undertaking; accounting. Surety on the undertaking of any\nfiduciary may move with notice to the person upon whose behalf the\nundertaking was given, to be discharged from liability for any act or\no…

§ 2511. Liability of surety. Where two or more persons are surety on\nan undertaking in an action or proceeding, they shall be jointly and\nseverally liable. The amount recoverable from a surety shall be\ndetermined in accordance with the provisions of section 7-301 of the\ngene…

§ 2512. Undertaking by the state, municipal corporation or public\nofficer. 1. Any provision of law authorizing or requiring an undertaking\nto be given by a party shall be construed as excluding the state, a\ndomestic municipal corporation or a public officer in behalf of the\n…

§ 2513. Action on undertaking to a public officer, board or municipal\ncorporation. A person for whose benefit an undertaking has been given to\na public officer, board or municipal corporation of the state may move,\non notice to persons interested in the disposition of the pro…

§ 2601. Payment of money or securities into court. (a) Discharge of\nparty paying money into court. A party paying money into court pursuant\nto the direction of the court is discharged thereby from all further\nliability to the extent of the money so paid in.\n (b) Delivery of …

§ 2602. Payment into court of property other than money or securities;\ndeposit with warehouse or safe deposit company. Property paid into\ncourt, other than money or securities, shall not be delivered to the\ncounty treasurer. The court may direct that such property be deposite…

§ 2603. Cost of administration of property paid into court. A party\nentitled to the income of any property paid into court shall be charged\nwith the expense of administering such property and of receiving and\npaying over the income thereof.\n

§ 2604. Calculation of gross sum in lieu of income. A gross sum\npayable to a party in lieu of the income of a sum of money paid into\ncourt for his benefit shall be calculated according to article four of\nthe real property actions and proceedings law.\n

Rule 2605. Duties of depositories. When property paid into court is\ndeposited with any depository, the entry of such deposit in the books of\nthe depository shall contain a short reference to the title of the cause\nor matter in relation to which the deposit is made and shall s…

Rule 2606. Obtaining order for payment out of court. Unless otherwise\ndirected by the judgment or order under which the property was paid into\ncourt, an order for the payment of property out of court shall be made\nonly:\n 1. on motion with notice to all parties who have appea…

Rule 2607. Payment of property paid into court. No property paid into\ncourt, or income from such property, shall be paid out except upon order\nof the court directing payment to a specified person, except that if the\nproperty so paid into court, or the income from such propert…

§ 2608. Liability of custodian. No liability shall attach to a\ncustodian of property paid into court because of a payment made by him\nin good faith in accordance with the direction of an order of the court\nor as provided in rule 2607.\n

Rule 2609. Deposit by referee appointed to sell property. Money\nreceived by a referee appointed to sell property shall be deposited\nforthwith by the referee, in his name as referee, in a bank or trust\ncompany authorized to transact business in this state, or with the chief\nf…

§ 2701. When court may order disposition of property. The court, upon\nmotion or on its own initiative, with such notice as it deems proper,\nmay order personal property capable of delivery which is the subject of\nthe action, paid into court, or delivered to such person as it m…

§ 2702. Sale of property. On motion of any party, the court may order\nthe sale, in such manner and on such terms as it deems proper, of any\npersonal property capable of delivery which is the subject of the action\nif it shall appear likely that its value will be substantially …

§ 2703. Enforcement of order directing disposition of property. Where\nthe court has directed disposition of personal property capable of\ndelivery and the direction is disobeyed, the court by order, in addition\nto punishing the disobedience as a contempt, may require the sheri…

§ 3001. Declaratory judgment. The supreme court may render a\ndeclaratory judgment having the effect of a final judgment as to the\nrights and other legal relations of the parties to a justiciable\ncontroversy whether or not further relief is or could be claimed. If the\ncourt d…

§ 3002. Actions and relief not barred for inconsistency. (a) Action\nagainst several persons. Where causes of action exist against several\npersons, the commencement or maintenance of an action against one, or\nthe recovery against one of a judgment which is unsatisfied, shall n…

§ 3003. Action for periodic payments due under pension or retirement\ncontract no bar to action for future installments. The commencement or\nmaintenance of an action for the recovery of payments which have become\ndue under the terms of a written agreement providing for the pay…

§ 3004. Where restoration of benefits before judgment unnecessary. A\nparty who has received benefits by reason of a transaction that is void\nor voidable because of fraud, misrepresentation, mistake, duress,\ninfancy or incompetency, and who, in an action or by way of defense o…

§ 3005. Relief against mistake of law. When relief against a mistake\nis sought in an action or by way of defense or counterclaim, relief\nshall not be denied merely because the mistake is one of law rather than\none of fact.\n

§ 301. Jurisdiction over persons, property or status. A court may\nexercise such jurisdiction over persons, property, or status as might\nhave been exercised heretofore.\n

§ 3011. Kinds of pleadings. There shall be a complaint and an answer.\nAn answer may include a counterclaim against a plaintiff and a\ncross-claim against a defendant. A defendant's pleading against another\nclaimant is an interpleader complaint, or against any other person not\…

§ 3012. Service of pleadings and demand for complaint. (a) Service of\npleadings. The complaint may be served with the summons, except that in\nan action arising out of a consumer credit transaction, the complaint\nshall be served with the summons. A subsequent pleading assertin…

§ 3012-a. Certificate of merit in medical, dental and podiatric\nmalpractice actions. (a) In any action for medical, dental or podiatric\nmalpractice, the complaint shall be accompanied by a certificate,\nexecuted by the attorney for the plaintiff, declaring that:\n (1) the atto…

§ 3012-b. Certificate of merit in certain residential foreclosure\nactions. (a) In any residential foreclosure action involving a home\nloan, as such term is defined in section thirteen hundred four of the\nreal property actions and proceedings law, in which the defendant is a\n…

§ 3013. Particularity of statements generally. Statements in a\npleading shall be sufficiently particular to give the court and parties\nnotice of the transactions, occurrences, or series of transactions or\noccurrences, intended to be proved and the material elements of each\nc…

Rule 3014. Statements. Every pleading shall consist of plain and\nconcise statements in consecutively numbered paragraphs. Each paragraph\nshall contain, as far as practicable, a single allegation. Reference to\nand incorporation of allegations may subsequently be by number. Pri…

Rule 3015. Particularity as to specific matters. (a) Conditions\nprecedent. The performance or occurrence of a condition precedent in a\ncontract need not be pleaded. A denial of performance or occurrence\nshall be made specifically and with particularity. In case of such\ndenia…

Rule 3016. Particularity in specific actions. (a) Libel or slander. In\nan action for libel or slander, the particular words complained of shall\nbe set forth in the complaint, but their application to the plaintiff\nmay be stated generally.\n (b) Fraud or mistake. Where a cause…

§ 3017. Demand for relief. (a) Generally. Except as otherwise provided\nin subdivision (c) of this section, every complaint, counterclaim,\ncross-claim, interpleader complaint, and third-party complaint shall\ncontain a demand for the relief to which the pleader deems himself\nen…

§ 3018. Responsive pleadings. (a) Denials. A party shall deny those\nstatements known or believed by him to be untrue. He shall specify those\nstatements as to the truth of which he lacks knowledge or information\nsufficient to form a belief and this shall have the effect of a d…

§ 3019. Counterclaims and cross-claims. (a) Subject of counterclaims.\nA counterclaim may be any cause of action in favor of one or more\ndefendants or a person whom a defendant represents against one or more\nplaintiffs, a person whom a plaintiff represents or a plaintiff and\n…

§ 302. Personal jurisdiction by acts of non-domiciliaries. (a) Acts\nwhich are the basis of jurisdiction. As to a cause of action arising\nfrom any of the acts enumerated in this section, a court may exercise\npersonal jurisdiction over any non-domiciliary, or his executor or\na…

§ 3020. Verification. (a) Generally. A verification is a statement,\nsubscribed and affirmed to be true under the penalties of perjury in\naccordance with rule twenty-one hundred six of this chapter, that the\npleading is true to the knowledge of the deponent, except as to matte…

Rule 3021. Form of affidavit of verification. The affidavit of\nverification must be to the effect that the pleading is true to the\nknowledge of the deponent, except as to the matters therein stated to be\nalleged on information and belief, and that as to those matters he\nbeli…

Rule 3022. Remedy for defective verification. A defectively verified\npleading shall be treated as an unverified pleading. Where a pleading\nis served without a sufficient verification in a case where the adverse\nparty is entitled to a verified pleading, he may treat it as a nu…

Rule 3023. Construction of verified pleading. The allegations or\ndenials in a verified pleading must, in form, be stated to be made by\nthe party pleading. Unless they are stated to be made upon the\ninformation and belief of the party, they must be regarded for all\npurposes, …

Rule 3024. Motion to correct pleadings. (a) Vague or ambiguous\npleadings. If a pleading is so vague or ambiguous that a party cannot\nreasonably be required to frame a response he may move for a more\ndefinite statement.\n (b) Scandalous or prejudicial matter. A party may move …

Rule 3025. Amended and supplemental pleadings. (a) Amendments without\nleave. A party may amend his pleading once without leave of court within\ntwenty days after its service, or at any time before the period for\nresponding to it expires, or within twenty days after service of …

§ 3026. Construction. Pleadings shall be liberally construed. Defects\nshall be ignored if a substantial right of a party is not prejudiced.\n

§ 303. Designation of attorney as agent for service. The commencement\nof an action in the state by a person not subject to personal\njurisdiction is a designation by him of his attorney appearing in the\naction or of the clerk of the court if no attorney appears, as agent,\ndur…

§ 3031. Simplified procedure for court determination of\ndisputes--action without pleadings. An action may be commenced without\nthe service of a summons, or may be continued after the service of a\nsummons, without pleadings, by the filing of a statement, signed and\nacknowledg…

Rule 3032. Contents of statement. The statement required when an\naction is commenced without summons, or continued after the service of a\nsummons without pleadings, shall set forth plainly and concisely the\nclaims and defenses in dispute between the parties and the relief\nso…

§ 3033. Contracts to submit; enforcement of submission. 1. Any written\ncontract, otherwise valid under the substantive law, to submit any\nexisting or future controversy to the court pursuant to section 3031 is\nvalid and enforceable and shall be construed as an implied consent…

Rule 3034. Motion procedure to settle statement terms. 1. A party\naggrieved by the failure of another to perform under a contract to\nsubmit a controversy, upon filing a statement, signed and acknowledged\nby the party, specifying the claim and the relief requested, may move\nf…

§ 3035. Simplified procedure authorized. (a) Implementation and\npre-trial. The procedure in any action under the New York simplified\nprocedure for court determination of disputes authorized by sections\n3031 and 3033 shall be as provided in rule 3036 adopted to implement the\n…

Rule 3036. Court determination. 1. Except upon a trial under paragraph\nthree of rule 3034 of the issue of the making of the contract or\nsubmission, the rules as to the admissibility of evidence, except as\nprovided by statutes relating to privileged communications, and as to\n…

§ 3037. Appeal. An appeal may be taken only from a judgment, or an\norder determining the making of the contract or submission or the\nfailure to comply therewith. There shall be no appeal from an\nintermediate order of the court or of a judge in an action under the\nsimplified …

§ 304. Method of commencing action or special proceeding. (a) An\naction is commenced by filing a summons and complaint or summons with\nnotice in accordance with rule twenty-one hundred two of this chapter. A\nspecial proceeding is commenced by filing a petition in accordance w…