NY CPLR § 105 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 1 - Short Title; Applicability and Definitions 105 - Definitions.

§  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"  include  the petitioner  and  the  respondent, respectively, in a special proceeding; and the words "summons" and "complaint" include the notice  of  petition and the petition, respectively, in a special proceeding.  (c)  Attorney.  The  word  "attorney"  includes a party prosecuting or defending an action in person.  (d) Civil judicial proceeding. A  "civil  judicial  proceeding"  is  a prosecution, other than a criminal action, of an independent application to a court for relief.  (e)  Clerk.  The  word "clerk," as used in any provision respecting an action or any proceedings therein, means the clerk of the court in which the action is triable. In supreme and county  court,  the  word  "clerk" shall mean the clerk of the county.  (f)   Consumer   credit   transaction.   The   term  "consumer  credit transaction" means a  transaction  wherein  credit  is  extended  to  an individual  and  the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.  (g) Court and judge. The  word  "court,"  as  used  in  any  provision concerning  a  motion,  order  or  special  proceeding, includes a judge thereof authorized to act out of court  with  respect  to  such  motion, order or special proceeding.  (h)  Domestic  and  foreign corporation. A "domestic corporation" is a corporation created by or under the laws of the state, or a  corporation located  in  the  state  and  created by or under the laws of the United States, or a corporation created by or pursuant to the laws in force  in the  colony  of  New  York  before  April  nineteenth, seventeen hundred seventy-five. Every other corporation is a "foreign corporation."   * (h-1) Finance charge. The term "finance charge" means  the  cost  of consumer credit as a dollar amount, includes any charge payable directly or  indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the  extension  of  credit, and  does  not include any charge of a type payable in a comparable cash transaction.   * NB Effective May 7, 2022  (i) Garnishee. A "garnishee" is a person who owes a debt to a judgment debtor, or a person other than the judgment debtor who has  property  in his possession or custody in which a judgment debtor has an interest.  (j) Infant, infancy. The word "infant", as used in this chapter, means a  person  who  has  not  attained  the  age of eighteen years. The word "infancy" means the state of being an infant.  (k) Judgment. The word  "judgment"  means  a  final  or  interlocutory judgment.  (l)  Judgment  creditor.  A  "judgment  creditor" is a person in whose favor a money judgment is entered or a person who  becomes  entitled  to enforce it.  (m)  Judgment  debtor.  A  "judgment debtor" is a person, other than a defendant not summoned in the action, against whom a money  judgment  is entered.  (n)  Judicial  hearing  officer.  A "judicial hearing officer" means a person so designated pursuant to provisions of article twenty-two of the judiciary law.  (o) Law. The word "law" means any statute or any civil practice rule.  (p) Matrimonial action. The term "matrimonial action" includes actions for a separation, for an annulment or dissolution of a marriage,  for  a  divorce,  for  a  declaration  of  the nullity of a void marriage, for a declaration of the validity or nullity of a foreign judgment of  divorce and for a declaration of the validity or nullity of a marriage.  (q)  Money  judgment.  A  "money  judgment" is a judgment, or any part thereof, for a sum of money or directing the payment of a sum of money.   * (q-1) Original creditor. The  term  "original  creditor"  means  the entity  that  owned  a  consumer  credit  account at the date of default giving rise to a cause of action.   * NB Effective May 7, 2022  (r) Place where action triable. The place where an action is "triable" means the place where the action is pending; or, if no action  has  been commenced, any proper place of trial or any proper place to commence the action;  or,  after  entry of judgment, the place where the judgment was entered.  (s) Real property. "Real property" includes chattels real.   * (s-1) The sheriff. The term "the sheriff", as used in this  chapter, means  the  county  sheriff  as  defined  in  subdivision (a) of section thirteen of article thirteen of the constitution and in counties in  the city of New York, the city sheriff as defined in section fifteen hundred twenty-six  of chapter fifty-eight of the New York city charter. For the purposes  of  article  fifty-two  of  this  chapter  relating   to   the enforcement  of money judgments and for the purposes of any provision of law which in effect applies any such provision of article  fifty-two  of this chapter, such term shall also mean any "city marshal" as defined in article  sixteen  of the New York city civil court act, except that city marshals shall have no power to levy upon or sell real property and city marshals shall have no power of arrest.   * NB Repealed June 30, 2022  (t) Type size requirement. Whenever a requirement relating to size  of type  is stated in point size, the type size requirement shall be deemed met if the x-height of the type is a minimum of  forty-five  percent  of the  specified  point  size.  Each  point  shall  be  measured  as  .351 millimeter. The x-height size shall be measured as  it  appears  on  the page. The x-height is the height of the lower case letters, exclusive of ascenders or descenders.  (u)  Verified  pleading.  A  "verified pleading" may be utilized as an affidavit whenever the latter is required.