Title CVP, Civil Practice Law & Rules

§ 10001. Repeal of the civil practice act. Chapter nine hundred twenty-five of the laws of nineteen hundred twenty, entitled "An act in relation to the civil practice in the courts of the state of New York, " and all acts amendatory thereof and supplemental thereto, constituting…

§ 10002. Abrogation of rules of civil practice. The rules of practice adopted by the convention provided for by chapter nine hundred two of the laws of nineteen hundred twenty, as amended or supplemented by appropriate action of the justices of the appellate division in the seve…

§ 10003. Pending and subsequent proceedings. This act shall apply to all actions hereafter commenced. This act shall also apply to all further proceedings in pending actions, except to the extent that the court determines that application in a particular pending action would not…

§ 10004. Effect of unconstitutionality in part. If any clause, sentence, paragraph, subdivision, section, rule or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder there…

§ 10005. Effective date. This act shall take effect September first, nineteen hundred sixty-three.

§ 1001. Necessary joinder of parties. (a) Parties who should be joined. Persons who ought to be parties if complete relief is to be accorded between the persons who are parties to the action or who might be inequitably affected by a judgment in the action shall be made plaintiff…

§ 1002. Permissive joinder of parties. (a) Plaintiffs. Persons who assert any right to relief jointly, severally, or in the alternative arising out of the same transaction, occurrence, or series of transactions or occurrences, may join in one action as plaintiffs if any common q…

§ 1003. Nonjoinder and misjoinder of parties. Nonjoinder of a party who should be joined under section 1001 is a ground for dismissal of an action without prejudice unless the court allows the action to proceed without that party under the provisions of that section. Misjoinder …

§ 1004. When joinder unnecessary. Except where otherwise prescribed by order of the court, an executor, administrator, guardian of the property of an infant, committee of the property of a judicially declared incompetent, conservator of the property of a conservatee, trustee of …

§ 1006. Interpleader. (a) Stakeholder; claimant; action of interpleader. A stakeholder is a person who is or may be exposed to multiple liability as the result of adverse claims. A claimant is a person who has made or may be expected to make such a claim. A stakeholder may comme…

§ 1007. When third-party practice allowed. (a) After the service of a defendant's answer, the defendant may proceed against a person or legal entity not a party who is or may be liable to that defendant for all or part of the plaintiff's claim against that defendant, by filing p…

§ 1008. Answer of third-party defendant; defenses. The third-party defendant shall answer the claim asserted against him or her by serving copies of his or her answer upon the third-party plaintiff. The third-party defendant may assert against the plaintiff in his or her answer …

Rule 1009. Claim by plaintiff against third-party defendant. Within twenty days after service of the answer to the third-party complaint upon plaintiff's attorney, the plaintiff may amend his complaint without leave of court to assert against the third-party defendant any claim …

§ 101. Short title; application. This chapter shall be known as the civil practice law and rules, and may be cited as "CPLR". The civil practice law and rules shall govern the procedure in civil judicial proceedings in all courts of the state and before all judges, except where …

Rule 1010. Dismissal or separate trial of third-party complaint. The court may dismiss a third-party complaint without prejudice, order a separate trial of the third-party claim or of any separate issue thereof, or make such other order as may be just. In exercising its discreti…

Rule 1011. Successive third-party proceedings; counterclaims. A third-party defendant may proceed pursuant to section 1007 against any person who is or may be liable to him for all or part of the third-party claim. When a counterclaim is asserted against a plaintiff, he may proc…

§ 1012. Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue. (a) Intervention as of right. Upon timely motion, any person shall be permitted to intervene in any action: 1. when a statute of the state confers an abs…

§ 1013. Intervention by permission. Upon timely motion, any person may be permitted to intervene in any action when a statute of the state confers a right to intervene in the discretion of the court, or when the person's claim or defense and the main action have a common questio…

§ 1014. Proposed intervention pleading. A motion to intervene shall be accompanied by a proposed pleading setting forth the claim or defense for which intervention is sought.

§ 1015. Substitution upon death. (a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper parties. (b) Devolution of rights or liabilities on other parties. Upon the death of one or more of the p…

§ 1016. Substitution of committee or conservator. If a party is adjudicated incompetent or a conservator has been appointed, the court shall order substitution of his committee or conservator.

§ 1017. Substitution in case of receivership or dissolution of a corporation. If a receiver is appointed for a party, or a corporate party is dissolved, the court shall order substitution of the proper parties.

§ 1018. Substitution upon transfer of interest. Upon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the interest is transferred to be substituted or joined in the action.

§ 1019. Substitution of public officers. If a person made a party in his capacity as public officer dies or otherwise ceases to hold office, the action may be continued by or against his successor if it is shown to the court that there is need for so continuing it. Before a subs…

§ 102. Amendment, rescission or adoption of rules. The civil practice rules are herein designated "rule". Any rule in this chapter may be amended, or rescinded, or additional civil practice rules may be adopted, not inconsistent with the constitution, by act of the legislature. …

§ 1020. Substitution of indemnitors for executing or attaching officer. Where an action is brought against an officer to recover a chattel levied upon by virtue of an execution or order of attachment, or to recover damages for the detention or sale of such a chattel, and an unde…

§ 1021. Substitution procedure; dismissal for failure to substitute; presentation of appeal. A motion for substitution may be made by the successors or representatives of a party or by any party. If a person who should be substituted does not appear voluntarily he may be made a …

§ 1022. Substitution: extension of time for taking procedural steps. Unless the court orders otherwise, if the time for making a motion for a new trial or for taking an appeal or for making a motion for permission to appeal or for taking any other procedural step in the action h…

§ 1023. Public body or officer described by official title. When a public officer, body, board, commission or other public agency may sue or be sued in its official capacity, it may be designated by its official title, subject to the power of the court to require names to be add…

§ 1024. Unknown parties. A party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party, may proceed against such person as an unknown party by designating so much of his name and identity as is known. If the name or remainder …

§ 1025. Partnerships and unincorporated associations. Two or more persons conducting a business as a partnership may sue or be sued in the partnership name, and actions may be brought by or against the president or treasurer of an unincorporated association on behalf of the asso…

§ 1026. Review of determinations by administrative officers of the unified court system. In any action or proceeding brought to review a determination of the chief judge of the court of appeals, of the court of appeals or of the administrative board of the courts, made pursuant …

§ 103. Form of civil judicial proceedings. (a) One form of action. There is only one form of civil action. The distinctions between actions at law and suits in equity, and the forms of those actions and suits, have been abolished. (b) Action or special proceeding. All civil judi…

§ 104. Construction. The civil practice law and rules shall be liberally construed to secure the just, speedy and inexpensive determination of every civil judicial proceeding.

§ 105. Definitions. (a) Applicability. Unless the context requires otherwise, the definitions in this section apply to the civil practice law and rules. (b) Action and special proceeding. The word "action" includes a special proceeding; the words "plaintiff" and "defendant" incl…

§ 106. Civil and criminal prosecutions not merged. Where the violation of a right admits of both a civil and criminal prosecution, the one is not merged in the other.

§ 107. Appendix of official forms. The state administrator shall have the power to adopt, amend and rescind an appendix of forms. Forms adopted pursuant to this section shall be sufficient under the civil practice law and rules and shall illustrate the simplicity and brevity of …

§ 1101. Motion to waive costs, fees, and expenses; affidavit or\naffirmation; certificate; notice; when motion not required. (a) Motion;\naffidavit or affirmation. Upon motion of any party, the court in which\nan action is triable, or to which an appeal has been or will be taken…

§ 1102. Privileges of party with insufficient means to pay costs, fees, and expenses in an action or on appeal. (a) Attorney. Where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, the court, in its order determining th…

§ 1103. Distribution of recovery in favor of party with insufficient means to pay costs, fees, and expenses. Where a court grants a motion pursuant to subdivision (a) of section one thousand one hundred one of this article, recovery by judgment or by settlement had in favor of t…

§ 1201. Representation of infant, incompetent person, or conservatee. Unless the court appoints a guardian ad litem, an infant shall appear by the guardian of his property or, if there is no such guardian, by a parent having legal custody, or, if there is no such parent, by anot…

Rule 1202. Appointment of guardian ad litem. (a) By whom motion made. The court in which an action is triable may appoint a guardian ad litem at any stage in the action upon its own initiative or upon the motion of: 1. an infant party if he is more than fourteen years of age; or…

§ 1203. Default judgment. No judgment by default may be entered against an infant or a person judicially declared to be incompetent unless his representative appeared in the action or twenty days have expired since appointment of a guardian ad litem for him. No default judgment …

§ 1204. Compensation of guardian ad litem. A court may allow a guardian ad litem a reasonable compensation for his services to be paid in whole or part by any other party or from any recovery had on behalf of the person whom such guardian represents or from such person's other p…

§ 1205. Liability for costs of infant, judicially declared incompetent, or conservatee, or representative. An infant, a person judicially declared to be incompetent, a conservatee, a person for whom a guardian ad litem has been appointed, or a representative of any such person, …

§ 1206. Disposition of proceeds of claim of infant, judicially declared incompetent or conservatee. Except as provided in EPTL 7-4.9, any property to which an infant, a person judicially declared to be incompetent or a conservatee is entitled, after deducting any expenses allowe…

§ 1207. Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice; order of settlement. Upon motion of a guardian of the property or guardian ad litem of an infant or, if there is no such guardian, th…

Rule 1208. Settlement procedure; papers; representation. (a) Affidavit of infant's or incompetent's representative. An affidavit of the infant's or incompetent's representative shall be included in the supporting papers and shall state: 1. his name, residence and relationship to…

§ 1209. Arbitration of controversy involving infant, judicially declared incompetent or conservatee. A controversy involving an infant, person judicially declared to be incompetent or conservatee shall not be submitted to arbitration except pursuant to a court order made upon ap…

Rule 1210. Guardian of infant. (a) Petition for appointment; by whom presented; contents. An infant, if of the age of fourteen years or more, or a relative or friend of an infant, may present a petition to the court for appointment of a guardian. The petition shall state the age…