Title CVP, Civil Practice Law & Rules

§ 3131. Scope of interrogatories. Interrogatories may relate to any\nmatters embraced in the disclosure requirement of section 3101 and the\nanswers may be used to the same extent as the depositions of a party.\nInterrogatories may require copies of such papers, documents or\nph…

Rule 3132. Service of interrogatories. After commencement of an\naction, any party may serve written interrogatories upon any other\nparty. Interrogatories may not be served upon a defendant before that\ndefendant's time for serving a responsive pleading has expired, except\nby …

Rule 3133. Service of answers or objections to interrogatories. (a)\nService of an answer or objection. Within twenty days after service of\ninterrogatories, the party upon whom they are served shall serve upon\neach of the parties a copy of the answer to each interrogatory, exc…

§ 314. Service without the state not giving personal jurisdiction in\ncertain actions. Service may be made without the state by any person\nauthorized by section 313 in the same manner as service is made within\nthe state:\n 1. in a matrimonial action; or\n 2. where a judgment i…

§ 3140. Disclosure of appraisals in proceedings for condemnation,\nappropriation or review of tax assessments. Notwithstanding the\nprovisions of subdivisions (c) and (d) of section 3101, the chief\nadministrator of the courts shall adopt rules governing the exchange of\napprais…

§ 315. Service by publication authorized. The court, upon motion\nwithout notice, shall order service of a summons by publication in an\naction described in section 314 if service cannot be made by another\nprescribed method with due diligence.\n

Rule 316. Service by publication. (a) Contents of order; form of\npublication; filing. An order for service of a summons by publication\nshall direct that the summons be published together with the notice to\nthe defendant, a brief statement of the nature of the action and the\n…

§ 317. Defense by person to whom summons not personally delivered. A\nperson served with a summons other than by personal delivery to him or\nto his agent for service designated under rule 318, within or without\nthe state, who does not appear may be allowed to defend the action…

Rule 318. Designation of agent for service. A person may be\ndesignated by a natural person, corporation or partnership as an agent\nfor service in a writing, executed and acknowledged in the same manner\nas a deed, with the consent of the agent endorsed thereon. The writing\nsh…

Rule 320. Defendant's appearance. (a) Requirement of appearance. The\ndefendant appears by serving an answer or a notice of appearance, or by\nmaking a motion which has the effect of extending the time to answer. An\nappearance shall be made within twenty days after service of t…

§ 3201. Confession of judgment before default on certain installment\ncontracts invalid. Notwithstanding the provisions of section thirty-two\nhundred eighteen, no judgment by confession shall be entered on any\naffidavit which was executed prior to the time a default in the pay…

§ 321. Attorneys. (a) Appearance in person or by attorney. A party,\nother than one specified in section 1201 of this chapter, may prosecute\nor defend a civil action in person or by attorney, except that a\ncorporation or voluntary association shall appear by attorney, except a…

Rule 3211. Motion to dismiss. (a) Motion to dismiss cause of action.\nA party may move for judgment dismissing one or more causes of action\nasserted against him on the ground that:\n 1. a defense is founded upon documentary evidence; or\n 2. the court has not jurisdiction of th…

Rule 3212. Motion for summary judgment. (a) Time; kind of action. Any\nparty may move for summary judgment in any action, after issue has been\njoined; provided however, that the court may set a date after which no\nsuch motion may be made, such date being no earlier than thirty…

§ 3213. Motion for summary judgment in lieu of complaint. When an\naction is based upon an instrument for the payment of money only or upon\nany judgment, the plaintiff may serve with the summons a notice of\nmotion for summary judgment and the supporting papers in lieu of a\nco…

Rule. 3214. Motions heard by judge supervising disclosure; stay of\ndisclosure. (a) Judge supervising disclosure. Unless the chief\nadministrator of the courts has, by rule, provided otherwise, if a case\nhas been assigned to a judge to supervise disclosure pursuant to section\n…

§ 3215. Default judgment. (a) Default and entry. When a defendant has\nfailed to appear, plead or proceed to trial of an action reached and\ncalled for trial, or when the court orders a dismissal for any other\nneglect to proceed, the plaintiff may seek a default judgment agains…

Rule 3216. Want of prosecution. (a) Where a party unreasonably\nneglects to proceed generally in an action or otherwise delays in the\nprosecution thereof against any party who may be liable to a separate\njudgment, or unreasonably fails to serve and file a note of issue, the\nc…

Rule 3217. Voluntary discontinuance. (a) Without an order. Any party\nasserting a claim may discontinue it without an order\n 1. by serving upon all parties to the action a notice of\ndiscontinuance at any time before a responsive pleading is served or, if\nno responsive pleadin…

§ 3218. Judgment by confession. (a) Affidavit of defendant. Except as\nprovided in section thirty-two hundred one, a judgment by confession may\nbe entered, without an action, either for money due or to become due, or\nto secure the plaintiff against a contingent liability in be…

Rule 3219. Tender. At any time not later than ten days before trial,\nany party against whom a cause of action based upon contract, expressed\nor implied, is asserted, and against whom a separate judgment may be\ntaken, may, without court order, deposit with the clerk of the cou…

Rule 322. Authority for appearance of attorney in real property\naction. (a) Authority of plaintiff's attorney. Where the defendant in\nan action affecting real property has not been served with evidence of\nthe authority of the plaintiff's attorney to begin the action, he may\n…

Rule 3220. Offer to liquidate damages conditionally. At any time not\nlater than ten days before trial, any party against whom a cause of\naction based upon contract, express or implied, is asserted may serve\nupon the claimant a written offer to allow judgment to be taken again…

Rule 3221. Offer to compromise. Except in a matrimonial action, at any\ntime not later than ten days before trial, any party against whom a\nclaim is asserted, and against whom a separate judgment may be taken,\nmay serve upon the claimant a written offer to allow judgment to be…

Rule 3222. Action on submitted facts. (a) Commencement. An action,\nexcept a matrimonial action, may be commenced by filing with the clerk a\nsubmission of the controversy, acknowledged by all parties in the form\nrequired to entitle a deed to be recorded. The submission shall c…

§ 325. Grounds for removal. (a) By supreme court for mistake in\nchoice of court. Where a mistake was made in the choice of the court in\nwhich an action is commenced, the supreme court, upon motion, may remove\nthe action to the proper court, upon such terms as may be just.\n (…

Rule 326. Procedure on removal. (a) Stay of proceedings. An order to\nstay proceedings for the purpose of moving for removal may be made by\nthe court in which the action is pending or the court to which removal\nis sought.\n (b) Order and subsequent proceedings. Where an order …

Rule 327. Inconvenient forum. (a) When the court finds that in the\ninterest of substantial justice the action should be heard in another\nforum, the court, on the motion of any party, may stay or dismiss the\naction in whole or in part on any conditions that may be just. The\nd…

Rule 328. Assistance to tribunals and litigants outside the state.\n (a) Pursuant to court order. Upon application by any interested person\nor in response to letters rogatory issued by a tribunal outside the\nstate, the supreme court or a county court of the state may order\nse…

Rule 3401. Rules for the hearing of causes. The chief administrator\nof the courts shall adopt rules regulating the hearing of causes, which\nmay include the filing of notes of issue, the preparation and\npublication of calendars and the calendar practice for the courts of the\n…

Rule 3402. Note of issue. (a) Placing case on calendar. At any time\nafter issue is first joined, or at least forty days after service of a\nsummons has been completed irrespective of joinder of issue, any party\nmay place a case upon the calendar by filing, within ten days afte…

Rule 3403. Trial preferences. (a) Preferred cases. Civil cases shall\nbe tried in the order in which notes of issue have been filed, but the\nfollowing shall be entitled to a preference:\n 1. an action brought by or against the state, or a political\nsubdivision of the state, or…

Rule 3404. Dismissal of abandoned cases. A case in the supreme court\nor a county court marked "off" or struck from the calendar or unanswered\non a clerk's calendar call, and not restored within one year thereafter,\nshall be deemed abandoned and shall be dismissed without cost…

Rule 3405. Arbitration of certain claims. The chief judge of the court\nof appeals may promulgate rules for the arbitration of claims for the\nrecovery of a sum of money not exceeding six thousand dollars, exclusive\nof interest, pending in any court or courts except the civil c…

Rule 3406. Mandatory filing and pre-calendar conference in dental,\npodiatric and medical malpractice actions. (a) Mandatory filing. Not\nmore than sixty days after issue is joined, the plaintiff in an action\nto recover damages for dental, medical or podiatric malpractice shall…

Rule 3407. Preliminary conference in personal injury actions involving\ncertain terminally ill parties. (a) Request for conference. At any time,\na party to an action who is terminally ill, and who asserts in a\npleading in such action that such terminal illness is the result of…

Rule 3408. Mandatory settlement conference in residential foreclosure\nactions. (a) 1. Except as provided in paragraph two of this subdivision,\nin any residential foreclosure action involving a home loan as such term\nis defined in section thirteen hundred four of the real prop…

Rule 3409. Settlement conference in dental, podiatric and medical\nmalpractice actions. In every dental, podiatric or medical malpractice\naction, the court shall hold a mandatory settlement conference within\nforty-five days after the filing of the note of issue and certificate…

Rule 3410. Face-to-face meeting for foreclosure of reverse cooperative\napartment unit loans. (a) For purposes of this rule, default shall only\ninclude a borrower's breach of an obligation under the reverse mortgage\ncooperative loan agreement, and shall not include death of th…

§ 350. Legally protected health activities. Notwithstanding any\ngeneral or special law, common law, or conflict of law rule to the\ncontrary, the laws of this state shall govern in any case or controversy\nheard in this state related to legally protected health activity, as\nde…

§ 4001. Powers of referees. A court may appoint a referee to\ndetermine an issue, perform an act, or inquire and report in any case\nwhere this power was heretofore exercised and as may be hereafter\nauthorized by law.\n

§ 401. Parties. The party commencing a special proceeding shall be\nstyled the petitioner and any adverse party the respondent. After a\nproceeding is commenced, no party shall be joined or interpleaded and no\nthird-party practice or intervention shall be allowed, except by lea…

Rule 4011. Sequence of trial. The court may determine the sequence in\nwhich the issues shall be tried and otherwise regulate the conduct of\nthe trial in order to achieve a speedy and unprejudiced disposition of\nthe matters at issue in a setting of proper decorum.\n

Rule 4012. Marked pleadings furnished. The party who has filed the\nnote of issue shall furnish the judge who is to preside at the trial\nwith copies of each pleading, where they have not been superseded by the\npre-trial order, plainly marked to indicate which statements are\na…

Rule 4013. Trial elsewhere than at courthouse. Upon stipulation of the\nparties, the judge who is to preside at the trial of an issue may direct\ntrial in whole or in part at a specified place other than the\ncourthouse.\n

Rule 4014. Duration of trial. Notwithstanding the expiration of the\nterm at which it was commenced, a trial shall continue until it is\ncompleted.\n

Rule 4015. Time for motion for referee or advisory jury. A motion for\ntrial by a referee or an advisory jury shall be made within twenty days\nafter note of issue is filed, except where the issue to be tried arises\non a motion or pursuant to a judgment.\n

Rule 4016. Opening and closing statements. (a) Before any evidence is\noffered, an attorney for each plaintiff having a separate right, and an\nattorney for each defendant having a separate right, may make an opening\nstatement. At the close of all the evidence on the issues tri…

§ 4017. Objections. Formal exceptions to rulings of the court are\nunnecessary. At the time a ruling or order of the court is requested or\nmade a party shall make known the action which he requests the court to\ntake or, if he has not already indicated it, his objection to the …

Rule 4018. Increased damages. Where increased damages are granted by\nstatute, the decision, report or verdict shall specify the sum awarded\nas single damages, and judgment shall be entered for the increased\namount.\n