Title CVP, Civil Practice Law & Rules

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

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

§ 10003. Pending and subsequent proceedings. This act shall apply to\nall actions hereafter commenced. This act shall also apply to all\nfurther proceedings in pending actions, except to the extent that the\ncourt determines that application in a particular pending action would\…

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

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

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

§ 1002. Permissive joinder of parties. (a) Plaintiffs. Persons who\nassert any right to relief jointly, severally, or in the alternative\narising out of the same transaction, occurrence, or series of\ntransactions or occurrences, may join in one action as plaintiffs if any\ncomm…

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

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

§ 1006. Interpleader. (a) Stakeholder; claimant; action of\ninterpleader. A stakeholder is a person who is or may be exposed to\nmultiple liability as the result of adverse claims. A claimant is a\nperson who has made or may be expected to make such a claim. A\nstakeholder may c…

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

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

Rule 1009. Claim by plaintiff against third-party defendant. Within\ntwenty days after service of the answer to the third-party complaint\nupon plaintiff's attorney, the plaintiff may amend his complaint without\nleave of court to assert against the third-party defendant any cla…

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

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

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

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

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

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

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

§ 1016. Substitution of committee or conservator. If a party is\nadjudicated incompetent or a conservator has been appointed, the court\nshall order substitution of his committee or conservator.\n

§ 1017. Substitution in case of receivership or dissolution of a\ncorporation. If a receiver is appointed for a party, or a corporate\nparty is dissolved, the court shall order substitution of the proper\nparties.\n

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

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

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

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

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

§ 1022. Substitution: extension of time for taking procedural steps.\nUnless the court orders otherwise, if the time for making a motion for a\nnew trial or for taking an appeal or for making a motion for permission\nto appeal or for taking any other procedural step in the actio…

§ 1023. Public body or officer described by official title. When a\npublic officer, body, board, commission or other public agency may sue\nor be sued in its official capacity, it may be designated by its\nofficial title, subject to the power of the court to require names to be\…

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

§ 1025. Partnerships and unincorporated associations. Two or more\npersons conducting a business as a partnership may sue or be sued in the\npartnership name, and actions may be brought by or against the president\nor treasurer of an unincorporated association on behalf of the\n…

§ 1026. Review of determinations by administrative officers of the\nunified court system. In any action or proceeding brought to review a\ndetermination of the chief judge of the court of appeals, of the court\nof appeals or of the administrative board of the courts, made pursua…

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

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

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

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

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

§ 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,\nfees, and expenses in an action or on appeal. (a) Attorney. Where a\ncourt grants a motion pursuant to subdivision (a) of section one\nthousand one hundred one of this article, the court, in its order\ndeterminin…

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

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

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

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

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

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

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

§ 1207. Settlement of action or claim by infant, judicially declared\nincompetent or conservatee, by whom motion made; special proceeding;\nnotice; order of settlement. Upon motion of a guardian of the property\nor guardian ad litem of an infant or, if there is no such guardian,…

Rule 1208. Settlement procedure; papers; representation.\n (a) Affidavit of infant's or incompetent's representative. An\naffidavit of the infant's or incompetent's representative shall be\nincluded in the supporting papers and shall state:\n 1. his name, residence and relations…

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

Rule 1210. Guardian of infant. (a) Petition for appointment; by whom\npresented; contents. An infant, if of the age of fourteen years or more,\nor a relative or friend of an infant, may present a petition to the\ncourt for appointment of a guardian. The petition shall state the …