reglab/housing_qa huggingface dataset:
NY CPLR § 314 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court 314 - Service Without the State Not Giving Personal Jurisdiction in Certain Actions.

§  314.  Service without the state not giving personal jurisdiction in   certain actions.  Service may be made without the state  by  any  person   authorized  by  section 313 in the same manner as service is made within   the state:1. in a matrimonial action; or2. where a judgment is demanded  that  the  person  to  be  served  be   excluded  from  a vested or contingent interest in or lien upon specific   real or personal property within the state; or that such an interest  or   lien  in  favor  of  either  party  be  enforced,  regulated, defined or   limited; or otherwise affecting the title to such property, including an   action of interpleader or defensive interpleader; or3. where a levy upon property of the person to be served has been made   within the state pursuant to an order of attachment or a chattel of such   person has been seized in an action to recover a chattel.
NY CPLR § 315 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court 315 - Service by Publication Authorized.

§  315.  Service  by  publication authorized.   The court, upon motion   without notice, shall order service of a summons by  publication  in  an   action  described  in  section  314 if service cannot be made by another   prescribed method with due diligence.
NY CPLR § 316 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R316 - Service by Publication.

Rule  316.  Service  by  publication.   (a) Contents of order; form of publication; filing. An order for service of a  summons  by  publication shall  direct  that the summons be published together with the notice to the defendant, a brief statement of the nature of  the  action  and  the relief sought, and, except in an action for medical malpractice, the sum of  money for which judgment may be taken in case of default and, if the action is brought to recover a judgment affecting the title to,  or  the possession,  use  or enjoyment of, real property, a brief description of the property, in two newspapers, at least one in the  English  language, designated  in  the order as most likely to give notice to the person to be served, for  a  specified  time,  at  least  once  in  each  of  four successive  weeks,  except that in the matrimonial action publication in one newspaper in the English language, designated in the order  as  most likely  to give notice to the person to be served, at least once in each of three successive weeks shall be sufficient. The  summons,  complaint, or  summons and notice in an action for divorce or separation, order and papers on which the order was based shall be  filed  on  or  before  the first day of publication.  (b)  Mailing to accompany publication in matrimonial actions. An order for service of a summons by publication in a  matrimonial  action  shall also direct that on or before the first day of publication a copy of the summons  be  mailed to the person to be served unless a place where such person  probably  would  receive  mail  cannot  with  due  diligence  be ascertained  and  the  court  dispenses  with  such mailing. A notice of publication shall be enclosed.  (c) Time of publication; when service complete. The first  publication of  the  summons  shall  be  made  within thirty days after the order is granted. Service by publication is complete  on  the  twenty-eighth  day after  the day of first publication, except that in a matrimonial action it  is  complete  on  the  twenty-first  day  after  the  day  of  first publication.
NY CPLR § 317 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court 317 - Defense by Person to Whom Summons Not Personally Delivered.

§  317. Defense by person to whom summons not personally delivered.  A   person served with a summons other than by personal delivery to  him  or   to  his  agent  for service designated under rule 318, within or without   the state, who does not appear may  be  allowed  to  defend  the  action   within one year after he obtains knowledge of entry of the judgment, but   in no event more than five years after such entry, upon a finding of the   court  that  he did not personally receive notice of the summons in time   to defend and has a meritorious defense. If the defense  is  successful,   the  court  may  direct  and  enforce restitution in the same manner and   subject to the same conditions  as  where  a  judgment  is  reversed  or   modified  on  appeal.  This  section  does  not  apply  to an action for   divorce, annulment or partition.
NY CPLR § 318 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R318 - Designation of Agent for Service.

Rule  318.  Designation  of  agent  for  service.    A  person  may be   designated by a natural person, corporation or partnership as  an  agent   for  service  in a writing, executed and acknowledged in the same manner   as a deed, with the consent of the agent endorsed thereon.  The  writing   shall  be  filed  in  the office of the clerk of the county in which the   principal to  be  served  resides  or  has  its  principal  office.  The   designation  shall  remain  in  effect  for three years from such filing   unless it has been revoked by the filing of  a  revocation,  or  by  the   death,  judicial declaration of incompetency or legal termination of the   agent or principal.
NY CPLR § 320 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R320 - Defendant's Appearance.

Rule  320. Defendant's appearance.  (a) Requirement of appearance. The defendant appears by serving an answer or a notice of appearance, or  by making a motion which has the effect of extending the time to answer. An appearance  shall  be  made  within  twenty  days  after  service of the summons, except that if the summons  was  served  on  the  defendant  by delivering  it to an official of the state authorized to receive service in his behalf or if it was served pursuant to section  303,  subdivision two,  three,  four  or five of section 308, or sections 313, 314 or 315, the appearance shall  be  made  within  thirty  days  after  service  is complete.  If  the complaint is not served with the summons, the time to appear may be extended as provided in subdivision (b) of section 3012.  (b) When appearance confers personal jurisdiction, generally.  Subject to the provisions of subdivision (c), an appearance of the defendant  is equivalent  to  personal  service  of  the  summons  upon him, unless an objection to jurisdiction under paragraph eight of  subdivision  (a)  of rule  3211  is  asserted  by motion or in the answer as provided in rule 3211.  (c) When appearance confers personal jurisdiction, in certain actions; limited appearance. When the court's  jurisdiction  is  not  based  upon personal  service  on  the defendant, an appearance is not equivalent to personal service upon the defendant:   1. in  a  case  specified  in  subdivision  (3)  of  section  314,  if jurisdiction  is based solely upon a levy on defendant's property within the state pursuant to an order of attachment; or   2. in any other case specified in section  314,  if  an  objection  to jurisdiction  under  paragraphs eight or nine of subdivision (a) of rule 3211, or both, is asserted by motion or in the  answer  as  provided  in rule  3211,  unless  the  defendant  proceeds  with  the  defense  after asserting the  objection  to  jurisdiction  and  the  objection  is  not ultimately sustained.  (d)  Appearance  after first publication.  Where the defendant appears during the period of publication of a summons against him,  the  service by publication shall be deemed completed by the appearance.
NY CPLR § 321 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court 321 - Attorneys.

§  321. Attorneys.  (a) Appearance in person or by attorney.  A party, other than one specified in section 1201 of this chapter, may  prosecute or  defend  a  civil  action  in  person  or  by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A  of  the  New  York  city civil  court act, sections 1809 and 1809-A of the uniform district court act and sections 1809 and 1809-A of the  uniform  city  court  act,  and except  as  otherwise  provided  in  section 501 and section 1809 of the uniform justice court act. If a party appears by attorney such party may not act in person in the action except by consent of the court.  (b) Change or withdrawal of attorney.  1. Unless the party is a person specified in section 1201, an attorney  of  record  may  be  changed  by filing  with  the  clerk  a consent to the change signed by the retiring attorney and signed and acknowledged by the party. Notice of such change of attorney shall be given to the  attorneys  for  all  parties  in  the action or, if a party appears without an attorney, to the party.   2.  An  attorney  of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to  the client  of  the  withdrawing  attorney,  to  the  attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct.  (c) Death, removal or disability of attorney.   If an  attorney  dies, becomes  physically  or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before  judgment,  no  further proceeding  shall  be  taken in the action against the party for whom he appeared, without leave of the court, until thirty days after notice  to appoint  another  attorney  has  been  served  upon  that  party  either personally or in such manner as the court directs.
NY CPLR § 322 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R322 - Authority for Appearance of Attorney in Real Property Action.

Rule  322.  Authority  for  appearance  of  attorney  in real property action.  (a) Authority of plaintiff's attorney. Where the  defendant  in an  action  affecting real property has not been served with evidence of the authority of the plaintiff's attorney to begin the  action,  he  may move  at any time before answering for an order directing the production of such evidence. Any writing by the plaintiff or his  agent  requesting the  attorney to begin the action or ratifying his conduct of the action on behalf of the plaintiff is prima facie  evidence  of  the  attorney's authority.  (b) Authority of non-resident defendant's attorney. The attorney for a non-resident  defendant  in an action affecting real property shall file with the clerk  written  authority  for  his  appearance,  executed  and acknowledged  in the form required to entitle a deed to be recorded, and shall serve either a copy of such authority or notice of such filing  on the  plaintiff's attorney within twenty days after appearing or making a motion.  (c) Agencies or wholly-owned corporations of the United States.   This rule  does  not apply to an attorney representing an official, agency or instrumentality of, or corporation wholly owned by, the United States.
NY CPLR § 326 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R326 - Procedure on Removal.

Rule 326. Procedure on removal.  (a) Stay of proceedings.  An order to stay  proceedings  for  the purpose of moving for removal may be made by the court in which the action is pending or the court to  which  removal is sought.  (b)  Order  and subsequent proceedings.   Where an order of removal is made by a court other than the court in which the action is  pending,  a certified  copy  of the order shall be filed with the clerk of the court in which the action is pending.  Upon such filing or upon  entry  of  an order  of  removal  by him, the clerk of the court in which an action is pending shall forthwith deliver to the clerk of the court  to  which  it has  been  ordered  removed  all  papers  and  records in the action and certified copies of all  minutes  and  entries  which  shall  be  filed, entered  or  recorded, as the case requires, in the office of the latter clerk. Subsequent proceedings shall be had in the court to which it  has been  ordered  removed  as  if  the action had been originally commenced there and no process, provisional remedy or other  proceeding  taken  in the  court  from  which  the  action was removed shall be invalid as the result of the removal.  (c) Fees and disbursements.  If at the time the order  of  removal  is entered  any filing, trial or jury demand fees have been paid, such fees shall be credited against the fees which, for the same purpose, shall be required in the court to which the action has been  ordered  removed.  A party  entitled  to tax disbursements after the removal may include fees paid by him prior to the time the order of removal is entered.
NY CPLR § 327 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R327 - Inconvenient Forum.

Rule  327.  Inconvenient  forum.  (a) When the court finds that in the interest of substantial justice the action should be  heard  in  another forum,  the  court,  on the motion of any party, may stay or dismiss the action in whole or in part on any  conditions  that  may  be  just.  The domicile or residence in this state of any party to the action shall not preclude the court from staying or dismissing the action.  (b)  Notwithstanding  the  provisions of subdivision (a) of this rule, the court shall not  stay  or  dismiss  any  action  on  the  ground  of inconvenient  forum,  where  the  action  arises  out of or relates to a contract, agreement or  undertaking  to  which  section  5-1402  of  the general  obligations  law  applies, and the parties to the contract have agreed that the law of this state shall govern their rights or duties in whole or in part.
NY CPLR § 328 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 3 - Jurisdiction and Service, Appearance and Choice of Court R328 - Assistance to Tribunals and Litigants Outside the State.

Rule 328. Assistance to tribunals and litigants outside the state.  (a) Pursuant to court order. Upon application by any interested person or  in  response  to  letters  rogatory issued by a tribunal outside the state, the supreme court or a  county  court  of  the  state  may  order service  upon  any  person  who  is domiciled or can be found within the state of any document issued  in  connection  with  a  proceeding  in  a tribunal  outside  the  state.  The  order  shall  direct  the manner of service.  (b) Without court order. Service in connection with a proceeding in  a tribunal outside the state may be made within the state without an order of court.  (c)  Effect.  Service under this rule does not, of itself, require the recognition or enforcement of an  order,  judgment  or  decree  rendered outside the state.
NY CPLR § 401 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 401 - Parties.

§  401.  Parties.  The  party commencing a special proceeding shall be   styled the petitioner and any adverse  party  the  respondent.  After  a   proceeding is commenced, no party shall be joined or interpleaded and no   third-party  practice  or intervention shall be allowed, except by leave   of court.
NY CPLR § 402 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 402 - Pleadings.

§  402.  Pleadings. There shall be a petition, which shall comply with   the requirements for a complaint in an action, and an answer where there   is  an  adverse  party.  There  shall  be  a  reply  to  a  counterclaim   denominated as such and there may be a reply to new matter in the answer   in any case. The court may permit such other pleadings as are authorized   in  an  action  upon  such  terms  as  it may specify. Where there is no   adverse  party  the  petition  shall  state  the  result  of  any  prior   application  for similar relief and shall specify the new facts, if any,   that were not previously shown.
NY CPLR § 403 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 403 - Notice of Petition; Service; Order to Show Cause.

§ 403. Notice of petition; service; order to show cause. (a) Notice of petition.  A  notice of petition shall specify the time and place of the hearing  on  the  petition  and  the  supporting  affidavits,  if   any, accompanying the petition.  (b)  Time  for  service  of notice of petition and answer. A notice of petition, together with the petition and  affidavits  specified  in  the notice,  shall be served on any adverse party at least eight days before the time at which the petition is noticed to be  heard.  An  answer  and supporting  affidavits, if any, shall be served at least two days before such time. A reply, together with supporting affidavits, if  any,  shall be  served  at  or  before such time. An answer shall be served at least seven days before such time if a notice  of  petition  served  at  least twelve  days  before  such time so demands; whereupon any reply shall be served at least one day before such time.  (c) Manner of service. A notice of petition shall  be  served  in  the same manner as a summons in an action.  (d) Order to show cause. The court may grant an order to show cause to be  served,  in  lieu  of a notice of petition at a time and in a manner specified therein.
NY CPLR § 404 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 404 - Objections in Point of Law.

§  404.  Objections in point of law. (a) By respondent. The respondent may raise an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition, made upon notice within the time allowed for answer. If the motion is denied, the court  may  permit  the respondent  to  answer,  upon  such terms as may be just; and unless the order specifies otherwise, such answer shall be served and filed  within five  days  after  service  of  the  order with notice of entry; and the petitioner may re-notice the matter for hearing upon two  days'  notice, or  the  respondent may re-notice the matter for hearing upon service of the answer upon seven days' notice.  (b) By petitioner. The petitioner may raise an objection in  point  of law  to  new  matter  contained in the answer by setting it forth in his reply or by moving to strike such matter on  the  day  the  petition  is noticed or re-noticed to be heard.
NY CPLR § 405 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 405 - Correction of Defects in Papers.

§ 405. Correction of defects in papers. (a) Motion to correct.  Either party  may move to cure a defect or omission in the record, or to strike scandalous or prejudicial matter unnecessarily inserted in  a  pleading, or  for  a  more  definite  statement of a pleading which is so vague or ambiguous that he cannot reasonably be required to frame a response.  (b) Time limits; pleading after disposition.  A  party  shall  make  a motion under this section by serving a notice of motion or order to show cause  within  the  time allowed for his responsive pleading. Unless the court so orders on motion made without notice on  the  ground  that  the party  is  unable  to  plead  until the papers are corrected, the motion shall not extend the time for such responsive pleading. If the motion is granted, the party  who  made  the  motion  shall  serve  and  file  his responsive  pleading  within  five  days  after  service  of the amended pleading. If the motion is denied and the time  to  serve  a  responsive pleading  has  been  extended,  the  party  shall  serve  and  file  his responsive pleading within two days after service of the  order  denying the motion with notice of entry, unless the order specifies otherwise. A party may re-notice the matter for hearing upon two days' notice.  (c)  Petitioner's  motion.  The  petitioner  may  raise the objections specified in subdivision (a) in his reply or by motion  on  the  day  on which the petition has been noticed or re-noticed to be heard.
NY CPLR § 406 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings R406 - Motions.

Rule  406.  Motions.  Motions in a special proceeding, made before the   time at which the petition is noticed to be heard, shall be  noticed  to   be heard at that time.
NY CPLR § 407 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 407 - Severance.

§  407.  Severance.  The  court may at any time order a severance of a   particular claim, counterclaim or cross-claim, or  as  to  a  particular   party, and order that, as to such claim or party, the special proceeding   continue as an action or as a separate special proceeding.
NY CPLR § 408 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 408 - Disclosure.

§  408.  Disclosure.  Leave  of court shall be required for disclosure   except for a notice under section 3123. A notice under section 3123  may   be  served  at any time not later than three days before the petition is   noticed to be heard and the  statement  denying  or  setting  forth  the   reasons  for failing to admit or deny shall be served not later than one   day before the petition is noticed to be heard, unless the court  orders   otherwise  on  motion  made  without notice.   This section shall not be   applicable to proceedings in a surrogate's  court,  nor  to  proceedings   relating  to  express trusts pursuant to article 77, both of which shall   be governed by article 31.
NY CPLR § 409 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings R409 - Hearing.

Rule 409. Hearing. (a) Furnishing of papers; filing. Upon the hearing, each  party  shall  furnish  to  the court all papers served by him. The petitioner shall furnish all other papers not already in the  possession of  the  court necessary to the consideration of the questions involved. Where such papers are in the possession of an adverse party, they  shall be  produced  by  such  party  at  the hearing on notice served with the petition. The court may require the submission of additional proof.  All papers  furnished  to  the  court shall be filed unless the court orders otherwise.  (b)  Summary  determination.  The   court   shall   make   a   summary determination  upon  the  pleadings, papers and admissions to the extent that no triable issues of fact are raised. The court may make any orders permitted on a motion for summary judgment.
NY CPLR § 410 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings 410 - Trial.

§ 410. Trial. If triable issues of fact are raised they shall be tried   forthwith  and  the  court  shall make a final determination thereon. If   issues are triable of right by jury, the court shall give the parties an   opportunity to demand a jury trial of such issues. Failure to make  such   demand  within  the  time  limited  by the court, or, if no such time is   limited, before trial begins, shall be deemed a waiver of the  right  to   trial by jury.
NY CPLR § 411 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 4 - Special Proceedings R411 - Judgment.

Rule  411. Judgment. The court shall direct that a judgment be entered   determining the rights of the parties to the special proceeding.