reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2506 - Exception to Surety; Allowance Where No Exception Taken.

§  2506. Exception to surety; allowance where no exception taken.  (a)
Exception to surety. If a certificate of qualification  issued  pursuant
to  subsections  (b),  (c)  and  (d) of section one thousand one hundred
eleven of the insurance law is not filed with the undertaking,  a  party
may  except  to  the  sufficiency  of  a  surety  by a written notice of
exception served upon the adverse party within ten days after receipt of
a copy of the undertaking. Where the undertaking has been served upon  a
party  by  the  sheriff,  the notice of exception shall be served on the
sheriff and on the adverse party.   Exceptions deemed by  the  court  to
have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
notice, be set aside, with costs.
(b) Allowance where no exception taken. Where no exception to sureties
is taken within ten days or where exceptions taken  are  set  aside  the
undertaking is allowed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2507 - Justification of Surety.

§  2507.  Justification  of  surety. (a) Motion to justify. Within ten
days after service of notice of exception, the surety excepted to or the
person upon whose  behalf  the  undertaking  was  given  shall  move  to
justify,  upon  notice to the adverse party and to the sheriff if he was
served with the undertaking.  The  surety  shall  be  present  upon  the
hearing  of such motion to be examined under oath. If the court find the
surety sufficient, it shall  make  an  appropriate  indorsement  on  the
undertaking.   A   certificate   of  qualification  issued  pursuant  to
subsections (b), (c) and (d) of section one thousand one hundred  eleven
of the insurance law shall be accepted in lieu of a justification.
(b)  Failure to justify. If a motion to justify is not made within ten
days after the notice of exception is served, the undertaking shall then
be without effect,  except  as  provided  in  this  subdivision.  Unless
otherwise  provided  by  order  of  court,  a  surety  on an undertaking
excepted  to  and  not  justified  shall  remain  liable  until  a   new
undertaking  is given and allowed, but the original undertaking shall be
otherwise without effect.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2508 - Motion for New or Additional Undertaking.

§  2508.  Motion for new or additional undertaking. Upon motion of any
  interested person, upon notice to the parties and  surety,  and  to  the
  sheriff,  where  he  was required to be served with the undertaking, the
  court may order a new or  additional  undertaking,  a  justification  or
  rejustification  of  sureties,  or  new  or  additional sureties. Unless
  otherwise provided  by  order  of  court,  a  surety,  on  the  original
  undertaking  shall  remain liable until such order is complied with, but
  the original undertaking shall be otherwise without effect.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2509 - Control of Assets by Agreement With Surety.

§ 2509. Control of assets by agreement with surety. Any person of whom
  an  undertaking is required may agree with his surety for the deposit of
  any assets for which his surety may be held responsible with a bank,  or
  safe  deposit  or trust company, authorized to do business in the state,
  if such deposit is otherwise proper and in such  manner  as  to  prevent
  withdrawal  without  the  written  consent  of the surety or an order of
  court, made on notice to the surety. The agreement shall not affect  the
  liability  of the principal or surety as established by the terms of the
  undertaking.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2510 - Discharge of Surety on the Undertaking of a Fiduciary.

§  2510.  Discharge  of  surety on the undertaking of a fiduciary. (a)
Motion; new undertaking; accounting. Surety on the  undertaking  of  any
fiduciary  may  move  with  notice  to  the person upon whose behalf the
undertaking was given, to be discharged from liability for  any  act  or
omission  of  such fiduciary subsequent to the order of the court or the
time when a new undertaking satisfactory to  the  court  is  filed.  The
court  may  restrain  such  fiduciary  from  acting  pending  the  order
discharging such surety from liability.  Upon  the  hearing,  the  court
shall  order  the  fiduciary  to  give a new undertaking and to account,
within such time as the court orders but not exceeding twenty days,  for
all his acts.  If a new undertaking is filed the fiduciary shall account
for  his  acts  up  to  and including the date of such filing. Where the
fiduciary does not comply with the order to account, the surety may make
and file such account with the  same  effect  as  though  filed  by  the
fiduciary,   and   may   utilize  any  disclosure  device  in  obtaining
information necessary for such an accounting. The court shall make  such
provisions  with  respect  to commissions, allowances, disbursements and
costs as it deems just.
(b) Settlement of account. When  such  account  has  been  filed,  the
court, upon sufficient notice, shall order all persons interested in the
proceedings  to  attend  a settlement of the account at a time and place
specified, and  such  settlement  shall  be  made  and  the  rights  and
liabilities  of  all  parties  to the proceeding shall be determined and
enforced. After settlement of the account, the court shall make an order
relieving  the  surety  from  any  act  or  omission  of  the  fiduciary
subsequent  to the date of such order or the time when a new undertaking
satisfactory to the court was filed, whichever is earlier. Upon  written
demand  by  the fiduciary, the surety shall return any compensation paid
for the unexpired portion of such suretyship.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2511 - Liability of Surety.

§  2511.  Liability of surety. Where two or more persons are surety on
  an undertaking in an action or proceeding, they  shall  be  jointly  and
  severally  liable.  The  amount  recoverable  from  a  surety  shall  be
  determined in accordance with the provisions of  section  7-301  of  the
  general obligations law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2512 - Undertaking by the State, Municipal Corporation or Public Officer.

§  2512.  Undertaking  by  the  state, municipal corporation or public
  officer. 1. Any provision of law authorizing or requiring an undertaking
  to be given by a party shall be construed  as  excluding  the  state,  a
  domestic  municipal  corporation  or  a  public officer in behalf of the
  state or of such a corporation. Such parties shall, however,  be  liable
  for  damages  as  provided  in  such  provision  of law in an amount not
  exceeding an amount which shall be fixed by the court whenever it  would
  require an undertaking of a private party.
2. Where an appeal is taken by any such party, only the court to which
  the  appeal  is taken may fix the amount which shall limit the liability
  for damages pursuant to this section.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 25 - Undertakings › 2513 - Action on Undertaking to a Public Officer, Board or Municipal Corporation.

§  2513. Action on undertaking to a public officer, board or municipal
  corporation. A person for whose benefit an undertaking has been given to
  a public officer, board or municipal corporation of the state may  move,
  on  notice to persons interested in the disposition of the proceeds, for
  leave to bring an action in his own name for breach of a condition.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › 2601 - Payment of Money or Securities Into Court.

§  2601.  Payment  of money or securities into court. (a) Discharge of
party paying money into court. A party paying money into court  pursuant
to  the  direction  of  the court is discharged thereby from all further
liability to the extent of the money so paid in.
(b) Delivery of money and securities to county treasurer; commissioner
of finance of city of New York. All  moneys  and  securities  paid  into
court  shall  be  delivered  either by the party making the payment into
court or when an officer other than the county treasurer first  receives
them,  by  that officer, to the county treasurer of the county where the
action is triable or  to  such  other  county  treasurer  as  the  court
specially  directs. Where money or securities are received by an officer
other than the county treasurer, he shall deliver  them  to  the  county
treasurer  within  two  days after he receives them. The commissioner of
finance of the city of New York shall be  considered  the  treasurer  of
each of the counties included within the city.
(c)  Title  to  funds  paid  into  court.  Title  for  the  benefit of
interested parties is  vested  in  the  county  treasurer  to  whom  any
security  is  transferred  pursuant  to  this  article.    Any  security
purchased by the county treasurer as an investment of  money  paid  into
court  shall  be  purchased  in the name of his office.  He may bring an
action  upon  or  in  relation  to  a  security  in  his   official   or
representative character.
(d) Subsequent control of money or securities paid into court. A court
may direct that money or securities in the custody of a county treasurer
pursuant to this section be transferred or invested as it deems proper.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › 2602 - Payment Into Court of Property Other Than Money or Securities; Deposit With Warehouse or Safe Deposit Company.

§ 2602. Payment into court of property other than money or securities;
  deposit  with  warehouse  or  safe  deposit  company. Property paid into
  court, other than money or securities, shall not  be  delivered  to  the
  county  treasurer.  The court may direct that such property be deposited
  in a warehouse or safe deposit company upon the filing of a bond for the
  cost of such storage by the party paying the property into court or  the
  party  who  requested such disposition, as the court may provide. It may
  make such other or subsequent disposition as it deems proper.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › 2603 - Cost of Administration of Property Paid Into Court.

§  2603.  Cost  of administration of property paid into court. A party
  entitled to the income of any property paid into court shall be  charged
  with  the  expense  of  administering such property and of receiving and
  paying over the income thereof.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › 2604 - Calculation of Gross Sum in Lieu of Income.

§  2604.  Calculation  of  gross  sum  in  lieu of income. A gross sum
  payable to a party in lieu of the income of a sum  of  money  paid  into
  court  for  his benefit shall be calculated according to article four of
  the real property actions and proceedings law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › R2605 - Duties of Depositories.

Rule  2605.  Duties  of depositories. When property paid into court is
  deposited with any depository, the entry of such deposit in the books of
  the depository shall contain a short reference to the title of the cause
  or matter in relation to which the deposit is made and shall specify the
  time from which any interest or accumulation on the deposit, if any,  is
  to  commence.  On or before the first day of February in each year, such
  depository shall transmit to the appellate division of the supreme court
  in the department in  which  the  depository  is  situated  a  statement
  describing   the   property   in  its  custody,  including  interest  or
  accumulation, if any, to the credit of each cause or matter on the  last
  preceding first day of January.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › R2606 - Obtaining Order for Payment Out of Court.

Rule  2606. Obtaining order for payment out of court. Unless otherwise
  directed by the judgment or order under which the property was paid into
  court, an order for the payment of property out of court shall  be  made
  only:
1.  on  motion with notice to all parties who have appeared or filed a
  notice of claim to such property; or
2. by special  proceeding.  In  either  case  the  petition  shall  be
  accompanied  by a copy of the judgment, order or other paper under which
  the property was paid into court, together with  a  certificate  of  the
  county  treasurer  or  other  depository  of  the  property, showing the
  present condition and amount thereof, and  stating  separately,  in  the
  case of money, the amount of principal and interest.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › R2607 - Payment of Property Paid Into Court.

Rule  2607. Payment of property paid into court. No property paid into
  court, or income from such property, shall be paid out except upon order
  of the court directing payment to a specified person, except that if the
  property so paid into court, or the income from such property, inclusive
  of interest, does not exceed fifty dollars, a county treasurer  may  pay
  the  same,  without a court order, to the person entitled thereto or his
  authorized attorney. When the whole or remaining balance of all payments
  of money into court in an action, or the whole or remaining balance of a
  distributive share thereof,  or  any  security  or  other  property,  is
  directed  to  be paid out of court, the order must direct the payment of
  all accrued income  belonging  to  the  party  to  whom  such  money  or
  distributive  share  or  remaining balance thereof, or security or other
  property is paid. A certified copy of the order directing payment  shall
  be delivered to the county treasurer or other custodian of the property.
  The  custodian,  in the case of money, shall draw a draft payable to the
  order of the party entitled thereto specifying the title of the cause or
  matter on account of which the draft is made and the date of  the  order
  authorizing  the  draft. A certified copy of the order, accompanied by a
  draft in the case of money, shall be delivered to the depository of  the
  property  before it shall pay out any property. If an order directs that
  periodic payments be made, the filing of one copy of the order shall  be
  sufficient  to  authorize  the payment of subsequent drafts in pursuance
  thereof. Any other provision of law to the contrary notwithstanding,  if
  an order directing payment by the county treasurer is made by the court,
  the  copy  of  the order to be delivered to the county treasurer and the
  depository as herein provided shall be certified by  the  clerk  of  the
  court  to  be  a  true copy of the original of such order on file in his
  office.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › 2608 - Liability of Custodian.

§  2608.  Liability  of  custodian.  No  liability  shall  attach to a
  custodian of property paid into court because of a payment made  by  him
  in  good faith in accordance with the direction of an order of the court
  or as provided in rule 2607.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 26 - Property Paid Into Court › R2609 - Deposit by Referee Appointed to Sell Property.

Rule  2609.  Deposit  by  referee  appointed  to  sell property. Money
  received by a referee appointed to  sell  property  shall  be  deposited
  forthwith  by  the  referee,  in his name as referee, in a bank or trust
  company authorized to transact business in this state, or with the chief
  fiscal officer or county treasurer of the county in which the action  or
  proceeding  is  pending,  as the court shall designate. Such moneys when
  paid to the chief fiscal officer of the county or county treasurer shall
  not be withdrawn except as directed by the judgment or order under which
  the deposit is made, or by an order under rule 2606.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 27 - Disposition of Property in Litigation › 2701 - When Court May Order Disposition of Property.

§ 2701. When court may order disposition of property.  The court, upon
  motion  or  on  its own initiative, with such notice as it deems proper,
  may order personal property capable of delivery which is the subject  of
  the  action,  paid  into  court,  or  delivered to such person as it may
  direct, with such security as the court shall direct, and subject to its
  further direction if:
1. a party has such property in his possession, custody or control  as
  trustee  for  another  party  or  where  it belongs or is due to another
  party; or
2. a party has such property in his possession, custody or control and
  it belongs or is due to another party, where special circumstances  make
  it  desirable  that  payment  or  delivery to such other party should be
  withheld; or
3. the ownership of such property will depend  on  the  outcome  of  a
  pending  action  and no party is willing to accept possession or custody
  of it during the pendency of the action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 27 - Disposition of Property in Litigation › 2702 - Sale of Property.

§ 2702. Sale of property.  On motion of any party, the court may order
  the  sale,  in  such manner and on such terms as it deems proper, of any
  personal property capable of delivery which is the subject of the action
  if it shall appear likely that its value will be substantially decreased
  during the pendency of the action. Any party to the action may  purchase
  such  property  at  a  judicially-directed  sale  held  pursuant to this
  section without prejudice to his claim.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 27 - Disposition of Property in Litigation › 2703 - Enforcement of Order Directing Disposition of Property.

§ 2703. Enforcement of order directing disposition of property.  Where
  the  court  has  directed  disposition  of  personal property capable of
  delivery and the direction is disobeyed, the court by order, in addition
  to punishing the disobedience as a contempt, may require the sheriff  to
  take and dispose of the property in accordance with its direction.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3001 - Declaratory Judgment.

§   3001.  Declaratory  judgment.  The  supreme  court  may  render  a
  declaratory judgment having the effect of a final  judgment  as  to  the
  rights  and  other  legal  relations  of  the  parties  to a justiciable
  controversy whether or not further relief is or could be claimed. If the
  court declines to render such a judgment it shall state its  grounds.  A
  party  who  has  brought  a  claim for personal injury or wrongful death
  against  another  party  may  maintain  a  declaratory  judgment  action
  directly  against  the  insurer  of  such  other  party,  as provided in
  paragraph six of subsection (a) of section three thousand  four  hundred
  twenty of the insurance law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3002 - Actions and Relief Not Barred for Inconsistency.

§  3002.  Actions  and relief not barred for inconsistency. (a) Action
against several persons. Where causes of action  exist  against  several
persons,  the  commencement  or maintenance of an action against one, or
the recovery against one of a judgment which is unsatisfied,  shall  not
be  deemed  an  election  of  remedies  which bars an action against the
others.
(b) Action against agent and undisclosed principal.  Where  causes  of
action  exist  against  an  agent  and  his  undisclosed  principal, the
commencement or maintenance, after disclosure of the  principal,  of  an
action  against  either,  or  the  recovery of a judgment against either
which is unsatisfied, shall not be deemed an election of remedies  which
bars an action against the other.
(c)  Action  for  conversion  and  on contract. Where causes of action
exist against several persons for the conversion of  property  and  upon
express  or  implied  contract,  the  commencement  or maintenance of an
action against one, or the recovery against one of a judgment  which  is
unsatisfied,  either  for the conversion or upon the contract, shall not
be deemed an election of remedies  which  bars  an  action  against  the
others either for the conversion or upon the contract.
(d)  Action  on contract and to reform. A judgment denying recovery in
an action upon an agreement in writing shall not be  deemed  to  bar  an
action to reform such agreement and to enforce it as reformed.
(e) Claim for damages and rescission. A claim for damages sustained as
a  result  of fraud or misrepresentation in the inducement of a contract
or other transaction, shall not be deemed inconsistent with a claim  for
rescission  or  based  upon  rescission.  In an action for rescission or
based upon rescission the aggrieved party shall  be  allowed  to  obtain
complete  relief in one action, including rescission, restitution of the
benefits, if any, conferred by him as a result of the  transaction,  and
damages   to   which   he   is   entitled   because  of  such  fraud  or
misrepresentation;  but  such  complete   relief   shall   not   include
duplication of items of recovery.
(f)  Vendee's  lien  not to depend upon form of action. When relief is
sought, in an action or by way of defense or counterclaim, by  a  vendee
under an agreement for the sale or exchange of real property, because of
the  rescission, failure, invalidity or disaffirmance of such agreement,
a vendee's lien upon the property shall not be denied merely because the
claim is for rescission, or  is  based  upon  the  rescission,  failure,
invalidity or disaffirmance of such agreement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3003 - Action for Periodic Payments Due Under Pension or Retirement Contract No Bar to Action for Future Installments.

§  3003.  Action for periodic payments due under pension or retirement
  contract no bar to action for future installments. The  commencement  or
  maintenance  of an action for the recovery of payments which have become
  due under the terms of a written agreement providing for the payment  of
  a  pension  or  retirement  compensation  or deferred compensation for a
  period of years or for life, whether or not such agreement is part of an
  employment contract, shall not be deemed to bar  subsequent  actions  to
  recover  payments  thereafter  becoming  due  under  the  terms  of such
  agreement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3004 - Where Restoration of Benefits Before Judgment Unnecessary.

§  3004.  Where restoration of benefits before judgment unnecessary. A
  party who has received benefits by reason of a transaction that is  void
  or  voidable  because  of  fraud,  misrepresentation,  mistake,  duress,
  infancy or incompetency, and who, in an action or by way of  defense  or
  counterclaim,  seeks  rescission, restitution, a declaration or judgment
  that such  transaction  is  void,  or  other  relief,  whether  formerly
  denominated legal or equitable, dependent upon a determination that such
  transaction  was void or voidable, shall not be denied relief because of
  a failure to tender before judgment restoration of  such  benefits;  but
  the  court may make a tender of restoration a condition of its judgment,
  and may otherwise in its judgment so adjust  the  equities  between  the
  parties that unjust enrichment is avoided.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3005 - Relief Against Mistake of Law.

§  3005.  Relief against mistake of law. When relief against a mistake
  is sought in an action or by way  of  defense  or  counterclaim,  relief
  shall not be denied merely because the mistake is one of law rather than
  one of fact.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3011 - Kinds of Pleadings.

§  3011. Kinds of pleadings. There shall be a complaint and an answer.
  An  answer  may  include  a  counterclaim  against  a  plaintiff  and  a
  cross-claim  against a defendant. A defendant's pleading against another
  claimant is an interpleader complaint, or against any other  person  not
  already  a party is a third-party complaint. There shall be a reply to a
  counterclaim denominated as such, an answer to an interpleader complaint
  or third-party complaint, and an answer to a cross-claim that contains a
  demand for an answer. If no demand is made,  the  cross-claim  shall  be
  deemed  denied  or  avoided. There shall be no other pleading unless the
  court orders otherwise.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3012 - Service of Pleadings and Demand for Complaint.

§  3012. Service of pleadings and demand for complaint. (a) Service of
pleadings. The complaint may be served with the summons, except that  in
an  action  arising  out of a consumer credit transaction, the complaint
shall be served with the summons. A subsequent pleading asserting new or
additional claims for relief shall be served upon a party  who  has  not
appeared  in  the manner provided for service of a summons. In any other
case, a pleading shall be served in the manner provided for  service  of
papers  generally.  Service  of  an answer or reply shall be made within
twenty days after service of the pleading to which it responds.
(b) Service of complaint where summons served  without  complaint.  If
the  complaint is not served with the summons, the defendant may serve a
written demand for the complaint within the time provided in subdivision
(a) of rule 320 for an appearance. Service of  the  complaint  shall  be
made  within  twenty  days  after  service of the demand. Service of the
demand shall extend the time to appear until twenty days  after  service
of  the  complaint.  If no demand is made, the complaint shall be served
within twenty days after service of the notice of appearance. The  court
upon  motion  may  dismiss the action if service of the complaint is not
made as provided in this subdivision. A  demand  or  motion  under  this
subdivision does not of itself constitute an appearance in the action.
(c)  Additional  time  to serve answer where summons and complaint not
personally delivered to person to be served within  the  state.  If  the
complaint  is  served  with  the  summons and the service is made on the
defendant by delivering the summons and complaint to an official of  the
state  authorized  to receive service in his behalf or if service of the
summons and complaint is made pursuant to section 303,  paragraphs  two,
three, four or five of section 308, or sections 313, 314 or 315, service
of an answer shall be made within thirty days after service is complete.
(d)  Extension  of  time to appear or plead. Upon the application of a
party, the court may extend the time to appear or plead, or  compel  the
acceptance of a pleading untimely served, upon such terms as may be just
and upon a showing of reasonable excuse for delay or default.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3013 - Particularity of Statements Generally.

§  3013.  Particularity  of  statements  generally.  Statements  in  a
  pleading shall be sufficiently particular to give the court and  parties
  notice  of  the  transactions, occurrences, or series of transactions or
  occurrences, intended to be proved and the  material  elements  of  each
  cause of action or defense.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3014 - Statements.

Rule  3014.  Statements.    Every  pleading shall consist of plain and
  concise statements in consecutively numbered paragraphs. Each  paragraph
  shall  contain, as far as practicable, a single allegation. Reference to
  and incorporation of allegations may subsequently be  by  number.  Prior
  statements   in   a   pleading  shall  be  deemed  repeated  or  adopted
  subsequently  in  the  same  pleading  whenever  express  repetition  or
  adoption  is  unnecessary  for  a  clear  presentation of the subsequent
  matters. Separate causes of  action  or  defenses  shall  be  separately
  stated  and numbered and may be stated regardless of consistency. Causes
  of action or defenses may be stated alternatively or  hypothetically.  A
  copy  of  any  writing which is attached to a pleading is a part thereof
  for all purposes.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3015 - Particularity as to Specific Matters.

Rule  3015.  Particularity  as  to  specific  matters.  (a) Conditions
precedent. The performance or occurrence of a condition precedent  in  a
contract  need  not  be  pleaded.  A denial of performance or occurrence
shall be made specifically and  with  particularity.  In  case  of  such
denial,  the  party  relying upon the performance or occurrence shall be
required to prove on the trial only such performance  or  occurrence  as
shall have been so specified.
(b)  Corporate status. Where any party is a corporation, the complaint
shall so state and, where known, it shall specify the state, country  or
government by or under whose laws the party was created.
(c) Judgment, decision or determination. A judgment, decision or other
determination  of  a court, judicial or quasi-judicial tribunal, or of a
board  or  officer,  may  be  pleaded  without  stating  matter  showing
jurisdiction to render it.
(d)  Signatures.  Unless  specifically  denied  in  the pleadings each
signature on a negotiable instrument is admitted.
(e) License to do business. Where  the  plaintiff's  cause  of  action
against  a  consumer  arises  from the plaintiff's conduct of a business
which is required by state or local law to be licensed by the department
of consumer affairs  of  the  city  of  New  York,  the  Suffolk  county
department  of  consumer  affairs, the county of Rockland, the county of
Putnam, the county of Westchester, or the Nassau  county  department  of
consumer  affairs,  the  complaint shall allege, as part of the cause of
action, that plaintiff  was  duly  licensed  at  the  time  of  services
rendered  and shall contain the name and number, if any, of such license
and the governmental agency which issued such license.  The  failure  of
the  plaintiff to comply with this subdivision will permit the defendant
to move for dismissal pursuant to paragraph seven of subdivision (a)  of
rule thirty-two hundred eleven of this chapter.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3017 - Demand for Relief.

§  3017.  Demand for relief. (a) Generally. Except as otherwise provided
in subdivision (c)  of  this  section,  every  complaint,  counterclaim,
cross-claim,  interpleader  complaint,  and  third-party complaint shall
contain a demand for the relief  to  which  the  pleader  deems  himself
entitled. Relief in the alternative or of several different types may be
demanded.  Except  as  provided in section 3215, the court may grant any
type of relief within its jurisdiction appropriate to the proof  whether
or not demanded, imposing such terms as may be just.
(b) Declaratory judgment. In an action for a declaratory judgment, the
demand  for  relief  in the complaint shall specify the rights and other
legal relations on which a declaration is requested  and  state  whether
further  or  consequential  relief is or could be claimed and the nature
and extent of any such relief which is claimed.
(c) Personal injury or wrongful death actions. In an action to recover
damages  for  personal  injuries  or  wrongful  death,  the   complaint,
counterclaim,   cross-claim,  interpleader  complaint,  and  third-party
complaint shall contain a prayer for general relief but shall not  state
the  amount  of  damages to which the pleader deems himself entitled. If
the action is brought in the supreme  court,  the  pleading  shall  also
state   whether  or  not  the  amount  of  damages  sought  exceeds  the
jurisdictional limits of all lower courts  which  would  otherwise  have
jurisdiction.  Provided, however, that a party against whom an action to
recover damages for personal injuries or wrongful death is brought,  may
at  any  time  request  a  supplemental  demand  setting forth the total
damages to which the pleader  deems  himself  entitled.  A  supplemental
demand shall be provided by the party bringing the action within fifteen
days  of the request. In the event the supplemental demand is not served
within fifteen days, the court, on motion, may order that it be  served.
A  supplemental  demand  served  pursuant  to  this subdivision shall be
treated in all respects as a demand made pursuant to subdivision (a)  of
this section.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3018 - Responsive Pleadings.

§  3018.  Responsive  pleadings. (a) Denials. A party shall deny those
statements known or believed by him to be untrue. He shall specify those
statements as to the truth of which he lacks  knowledge  or  information
sufficient  to form a belief and this shall have the effect of a denial.
All other statements of a pleading  are  deemed  admitted,  except  that
where  no  responsive  pleading  is  permitted they are deemed denied or
avoided.
(b) Affirmative defenses. A party shall plead all matters which if not
pleaded would be likely to take the adverse party by surprise  or  would
raise  issues of fact not appearing on the face of a prior pleading such
as arbitration and award, collateral estoppel, culpable conduct  claimed
in  diminution  of damages as set forth in article fourteen-A, discharge
in bankruptcy, facts showing illegality either by statute or common law,
fraud, infancy or other disability  of  the  party  defending,  payment,
release,  res judicata, statute of frauds, or statute of limitation. The
application of this subdivision shall not be confined to  the  instances
enumerated.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3019 - Counterclaims and Cross-Claims.

§  3019. Counterclaims and cross-claims. (a) Subject of counterclaims.
A counterclaim may be any cause of  action  in  favor  of  one  or  more
defendants  or  a person whom a defendant represents against one or more
plaintiffs, a person whom a plaintiff  represents  or  a  plaintiff  and
other persons alleged to be liable.
(b)  Subject of cross-claims. A cross-claim may be any cause of action
in favor of one  or  more  defendants  or  a  person  whom  a  defendant
represents  against  one  or  more defendants, a person whom a defendant
represents or a defendant and other persons  alleged  to  be  liable.  A
cross-claim  may  include  a  claim  that  the  party against whom it is
asserted is or may be liable to the cross-claimant for all or part of  a
claim asserted in the action against the cross-claimant.
(c)  Counterclaim  against  trustee or nominal plaintiff. In an action
brought by a trustee or in the name of a plaintiff  who  has  no  actual
interest  in  the contract upon which it is founded, a claim against the
plaintiff shall not be allowed as a counterclaim, but a  claim  existing
against  the  person  beneficially  interested  shall  be  allowed  as a
counterclaim to the extent of the plaintiff's claim, if  it  might  have
been  so  allowed  in  an  action  brought  by  the  person beneficially
interested.
(d)  Cause  of  action  in  counterclaim  or  cross-claim  deemed   in
complaint.   A  cause  of  action  contained  in  a  counterclaim  or  a
cross-claim shall be treated, as far  as  practicable,  as  if  it  were
contained  in  a  complaint,  except  that  separate  process,  trial or
judgment may not be had unless the court so orders. Where a person not a
party is alleged to be  liable  a  summons  and  answer  containing  the
counterclaim  or  cross-claim  shall be filed, whereupon he or she shall
become a defendant. Service upon such a defendant shall be by serving  a
summons  and  answer  containing  the  counterclaim or cross-claim. Such
defendant shall serve a reply or answer as if he or she were  originally
a party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3020 - Verification.

§  3020.  Verification.  (a)  Generally. A verification is a statement
under oath that the pleading is true to the knowledge of  the  deponent,
except  as  to matters alleged on information and belief, and that as to
those matters he believes it to be true. Unless otherwise  specified  by
law,  where  a pleading is verified, each subsequent pleading shall also
be verified, except the answer of an infant and except as to  matter  in
the  pleading  concerning  which  the  party  would  be  privileged from
testifying as a witness.    Where  the  complaint  is  not  verified,  a
counterclaim,  cross-claim  or  third-party  claim  in the answer may be
separately verified in the same manner and with the same effect as if it
were a separate pleading.
(b) When answer must be verified. An answer shall be verified:
1. when the complaint charges the defendant with having  confessed  or
suffered   a  judgment,  executed  a  conveyance,  assignment  or  other
instrument, or transferred or delivered money or personal property  with
intent  to hinder, delay or defraud his creditors, or with being a party
or privy to such a  transaction  by  another  person  with  like  intent
towards  the  creditors  of  that  person,  or  with  any fraud whatever
affecting a right or the property of another; or
2. in an action against a  corporation  to  recover  damages  for  the
non-payment  of  a  promissory  note  or  other evidence of debt for the
absolute payment of money upon demand or at a particular time.
(c) Defense not involving the merits. A defense which does not involve
the merits of the action shall be verified.
(d) By whom verification made. The verification of a pleading shall be
made by the affidavit of the party, or, if two or more parties united in
interest are  pleading  together,  by  at  least  one  of  them  who  is
acquainted with the facts, except:
1.  if  the party is a domestic corporation, the verification shall be
made by an officer thereof and shall be deemed  a  verification  by  the
party;
2.  if  the  party  is  the  state, a governmental subdivision, board,
commission, or agency, or a public officer in behalf of any of them, the
verification may be made by any person acquainted with the facts; and
3. if the party is a foreign corporation, or  is  not  in  the  county
where  the  attorney has his office, or if there are two or more parties
united in interest and pleading together and  none  of  them  acquainted
with  the  facts  is  within that county, or if the action or defense is
founded upon a written instrument for the payment of money only which is
in the possession of an agent or the attorney, or if  all  the  material
allegations  of  the  pleading  are  within the personal knowledge of an
agent or the attorney, the verification may be made  by  such  agent  or
attorney.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3021 - Form of Affidavit of Verification.

Rule  3021.  Form  of  affidavit  of  verification.  The  affidavit of
  verification must be to the effect that the  pleading  is  true  to  the
  knowledge of the deponent, except as to the matters therein stated to be
  alleged  on  information  and  belief,  and  that as to those matters he
  believes it to be true. If it is made by a person other than the  party,
  he  must  set forth in the affidavit the grounds of his belief as to all
  matters not stated upon his knowledge and the reason why it is not  made
  by the party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3022 - Remedy for Defective Verification.

Rule  3022.  Remedy for defective verification. A defectively verified
  pleading shall be treated as an unverified pleading.   Where a  pleading
  is  served without a sufficient verification in a case where the adverse
  party is entitled to a verified pleading, he may treat it as a  nullity,
  provided  he  gives  notice  with  due  diligence to the attorney of the
  adverse party that he elects so to do.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3023 - Construction of Verified Pleading.

Rule  3023.  Construction  of  verified  pleading.  The allegations or
  denials in a verified pleading must, in form, be stated to  be  made  by
  the  party  pleading.  Unless  they  are  stated  to  be  made  upon the
  information and belief of the party,  they  must  be  regarded  for  all
  purposes, including a criminal prosecution, as having been made upon the
  knowledge  of  the person verifying the pleading. An allegation that the
  party has not sufficient knowledge or information to form a belief  with
  respect  to  a  matter,  must,  for the same purposes, be regarded as an
  allegation that the person verifying the pleading has not such knowledge
  or information.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3024 - Motion to Correct Pleadings.

Rule  3024.  Motion  to  correct  pleadings.  (a)  Vague  or ambiguous
pleadings. If a pleading is so vague or ambiguous that  a  party  cannot
reasonably  be  required  to  frame  a  response  he may move for a more
definite statement.
(b) Scandalous or prejudicial matter. A party may move to  strike  any
scandalous or prejudicial matter unnecessarily inserted in a pleading.
(c)  Time limits; pleading after disposition. A notice of motion under
this rule shall be served  within  twenty  days  after  service  of  the
challenged  pleading.  If  the motion is denied, the responsive pleading
shall be served within ten days after service of notice of entry of  the
order  and,  if  it  is  granted, an amended pleading complying with the
order shall be served within that time.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3025 - Amended and Supplemental Pleadings.

Rule  3025. Amended and supplemental pleadings. (a) Amendments without
leave. A party may amend his pleading once without leave of court within
twenty days after its service, or at any  time  before  the  period  for
responding  to  it  expires,  or  within  twenty days after service of a
pleading responding to it.
(b) Amendments and supplemental pleadings by leave. A party may  amend
his  or  her  pleading,  or supplement it by setting forth additional or
subsequent transactions or occurrences, at any time by leave of court or
by stipulation of all parties. Leave shall be  freely  given  upon  such
terms  as  may be just including the granting of costs and continuances.
Any motion to amend or supplement pleadings shall be accompanied by  the
proposed amended or supplemental pleading clearly showing the changes or
additions to be made to the pleading.
(c)  Amendment  to  conform  to  the  evidence.  The  court may permit
pleadings to be amended before or after judgment to conform them to  the
evidence, upon such terms as may be just including the granting of costs
and continuances.
(d)  Responses  to  amended  or  supplemental  pleadings. Except where
otherwise prescribed by law or order of the court,  there  shall  be  an
answer  or  reply to an amended or supplemental pleading if an answer or
reply is required to the pleading being amended or supplemented. Service
of such an answer or reply  shall  be  made  within  twenty  days  after
service of the amended or supplemental pleading to which it responds.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3031 - Simplified Procedure for Court Determination of Disputes--Action Without Pleadings.

§    3031.   Simplified   procedure   for   court   determination   of
  disputes--action without pleadings. An action may be  commenced  without
  the  service  of  a  summons, or may be continued after the service of a
  summons, without pleadings, by the filing of  a  statement,  signed  and
  acknowledged by all the parties or signed by their attorneys, specifying
  plainly  and  concisely  the claims and defenses between the parties and
  the relief requested. Signing constitutes a certificate that the  issues
  are genuine, and such filing, together with a note of issue, to be filed
  at  the same time, shall constitute the joinder of issues in the action.
  The  procedure  in  any  action  commenced  under  this  section   shall
  constitute "the New York Simplified Procedure for Court Determination of
  Disputes" and it shall be sufficient so to identify the procedure in any
  contract  or  other  document  referring  to  it.    A  submission  of a
  controversy under this  procedure  shall  constitute  a  waiver  by  the
  parties of the right to trial by jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3032 - Contents of Statement.

Rule  3032.  Contents  of  statement.  The  statement required when an
  action is commenced without summons, or continued after the service of a
  summons without pleadings, shall set forth  plainly  and  concisely  the
  claims  and  defenses  in  dispute  between  the  parties and the relief
  sought, including the  amount  of  money  demanded,  if  any.  With  the
  permission  of  the  court,  amended  or  supplemental statements may be
  served and filed at any time.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3033 - Contracts to Submit; Enforcement of Submission.

§ 3033. Contracts to submit; enforcement of submission. 1. Any written
  contract,  otherwise  valid  under  the  substantive  law, to submit any
  existing or future controversy to the court pursuant to section 3031  is
  valid  and  enforceable  and shall be construed as an implied consent of
  the parties to the jurisdiction of the supreme court of  this  state  to
  enforce  it  pursuant  to  the  procedures  of  rule  3036, and to enter
  judgment thereon, and shall constitute a waiver by the  parties  of  the
  right to trial by jury.
2.  If  the  parties to a dispute arising under a contract to submit a
  controversy to the court under section 3031 are unable  to  agree  on  a
  statement  of  claims  and  defenses  and relief sought pursuant to that
  section, the court on motion shall settle the terms  of  the  statement.
  In  deciding  the  motion  the  court  shall  consider and determine any
  questions as to the existence of the contract or  its  validity  or  the
  failure  of  any  party to perform it. If a substantial issue of fact be
  raised as to the making of the contract or submission or the failure  to
  comply  therewith,  the  court  or  judge shall proceed to trial of such
  issue without a jury, unless either party should demand a jury trial.