reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3034 - Motion Procedure to Settle Statement Terms.

Rule  3034.  Motion  procedure  to  settle statement terms. 1. A party
  aggrieved by the failure of another  to  perform  under  a  contract  to
  submit  a  controversy, upon filing a statement, signed and acknowledged
  by the party, specifying the claim and the relief  requested,  may  move
  for  an  order  directing  settlement  of the terms of the statement, if
  necessary, and the determination of the controversy pursuant to the  New
  York Simplified Procedure for Court Determination of Disputes.
2.  Eight days notice of the motion, or such other notice as the court
  shall deem appropriate, shall be served upon the party alleged to be  in
  default, in such manner as the court shall direct.
3.  If  there  is  no  substantial  question  as  to the making of the
  contract or submission, or the failure to comply  therewith,  the  court
  shall  proceed with the determination of the controversy pursuant to the
  simplified procedure and these rules. If the court  shall  find  that  a
  substantial  issue  of  fact  has  been  raised  as to the making of the
  contract or submission, or the failure  to  comply  therewith,  and  the
  motion  shall  not  have been denied as a matter of law, the court shall
  proceed expeditiously with the trial  thereof  without  a  jury,  unless
  either  party upon argument of the motion shall have demanded in writing
  a trial by  jury  of  the  issue  of  the  making  of  the  contract  or
  submission, in which event the court shall proceed as promptly as may be
  practicable with such trial before a jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3035 - Simplified Procedure Authorized.

§  3035.  Simplified  procedure  authorized.  (a)  Implementation  and
pre-trial. The procedure in any action under  the  New  York  simplified
procedure  for  court  determination  of disputes authorized by sections
3031 and 3033 shall be as provided in rule 3036 adopted to implement the
provisions hereof, which is designed to promote the  speedy  hearing  of
such  actions  and  to  provide  for such actions a procedure that is as
simple  and  informal  as  circumstances  will  permit.    A   pre-trial
conference  may  be held relative to the disposition of questions of law
which might be conclusive in the action and avoid a trial.
(b) Technical rules of evidence  dispensed.  The  technical  rules  of
evidence  shall  be  dispensed with to the extent specified in such rule
3036.
(c) Practice. The practice under this procedure relating to motions to
stay or to transfer pending actions, and relating to  venue,  assessment
of costs, entry of judgment, judgment by default, and the continuance of
the  action  in  case  of  death  or incompetency of parties shall be as
prescribed in the rules adopted pursuant hereto.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3037 - Appeal.

§  3037.  Appeal.  An  appeal may be taken only from a judgment, or an
  order determining the making  of  the  contract  or  submission  or  the
  failure   to  comply  therewith.  There  shall  be  no  appeal  from  an
  intermediate order of the court or of a judge in  an  action  under  the
  simplified procedure provisions, except with the permission of the trial
  or  appellate  court,  but  such  order or orders may be reviewed on the
  appeal from a judgment entered under these provisions. A decision of the
  trial judge on the facts shall be final  if  there  is  any  substantial
  evidence to support it.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3041 - Bill of Particulars in Any Case.

§  3041.  Bill  of  particulars in any case. Any party may require any
  other party to give a bill of particulars of such party's  claim,  or  a
  copy  of  the  items  of  the  account  alleged  in  a pleading. As used
  elsewhere in this article, the term "bill of particulars" shall  include
  "copy of the items of an account."
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3042 - Procedure for Bill of Particulars.

Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for
a  bill of particulars shall be made by serving a written demand stating
the items concerning which particulars are desired. Within  thirty  days
of  service of a demand for a bill of particulars, the party on whom the
demand is made shall serve a bill of  particulars  complying  with  each
item of the demand, except any item to which the party objects, in which
event  the  reasons  for  the  objection shall be stated with reasonable
particularity. The assertion of an objection to one or more of the items
in the demand shall not relieve the party on whom  the  demand  is  made
from  the obligation to respond in full within thirty days of service of
the demand to the items of the demand to which  no  objection  has  been
made.
(b)  Amendment. In any action or proceeding in a court in which a note
of issue is required to  be  filed,  a  party  may  amend  the  bill  of
particulars once as of course prior to the filing of a note of issue.
(c) Failure to respond or to comply with a demand. If a party fails to
respond  to a demand in a timely fashion or fails to comply fully with a
demand, the party seeking the bill of particulars  may  move  to  compel
compliance,  or,  if  such  failure  is  willful,  for the imposition of
penalties pursuant to subdivision (d) of this rule.
(d) Penalties for refusal to comply. If a party served with  a  demand
for  a  bill of particulars willfully fails to provide particulars which
the court finds ought to have been provided pursuant to this  rule,  the
court  may  make  such  final  or  conditional  order with regard to the
failure or refusal as is just, including such relief as is set forth  in
section thirty-one hundred twenty-six of this chapter.
(e)  Service  of  improper  or unduly burdensome demands. If the court
concludes that the  demand  for  particulars,  or  a  part  thereof,  is
improper  or unduly burdensome, in addition to vacating or modifying the
demand, the court may make such order with regard  to  the  improper  or
unduly burdensome demand as is just.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3043 - Bill of Particulars in Personal Injury Actions.

Rule  3043.  Bill  of  particulars  in  personal  injury  actions. (a)
Specified particulars. In actions to recover for personal  injuries  the
following particulars may be required:
(1) The date and approximate time of day of the occurrence;
(2) Its approximate location;
(3)  General  statement  of  the  acts  or  omissions constituting the
negligence claimed;
(4) Where notice of a condition is a prerequisite, whether  actual  or
constructive notice is claimed;
(5)  If  actual  notice is claimed, a statement of when and to whom it
was given;
(6) Statement of the injuries and description of those claimed  to  be
permanent, and in an action designated in subsection (a) of section five
thousand  one  hundred  four of the insurance law, for personal injuries
arising out of negligence in the use or operation of a motor vehicle  in
this state, in what respect plaintiff has sustained a serious injury, as
defined  in  subsection  (d) of section five thousand one hundred two of
the insurance law, or economic loss greater than basic economic loss, as
defined in subsection (a) of section five thousand one  hundred  two  of
the insurance law;
(7) Length of time confined to bed and to house;
(8) Length of time incapacitated from employment; and
(9)  Total amounts claimed as special damages for physicians' services
and medical supplies; loss of earnings, with name  and  address  of  the
employer; hospital expenses; nurses' services.
(b)  Supplemental bill of particulars without leave. A party may serve
a supplemental bill of particulars with respect to claims of  continuing
special damages and disabilities without leave of court at any time, but
not  less  than thirty days prior to trial. Provided however that no new
cause of action may be alleged or new injury claimed and that the  other
party  shall  upon  seven days notice, be entitled to newly exercise any
and all rights of discovery but only with  respect  to  such  continuing
special damages and disabilities.
(c)  Discretion of court.  Nothing contained in the foregoing shall be
deemed to limit the court in denying in a proper case, any one  or  more
of  the  foregoing  particulars, or in a proper case, in granting other,
further or different particulars.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3044 - Verification of Bill of Particulars.

§  3044.  Verification  of  bill  of  particulars.    If a pleading is
  verified, a subsequent bill of particulars shall  also  be  verified.  A
  bill  of  particulars  of any pleading with respect to a cause of action
  for negligence shall be verified whether such pleading  be  verified  or
  not.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › 3045 - Arbitration of Damages in Medical, Dental or Podiatric Malpractice Actions.

§  3045.  Arbitration  of  damages  in  medical,  dental  or podiatric
malpractice actions. (a)  At  any  time  after  service  of  a  bill  of
particulars  but  no later than sixty days after filing of the notice of
dental,  medical  or  podiatric  malpractice  action  pursuant  to  rule
thirty-four hundred six of this chapter, any defendant in such an action
may   demand  that  the  plaintiff  elect  whether  to  consent  to  the
arbitration of damages upon a concession of liability in accordance with
the provisions of this section.
(b) Within twenty days after receipt of such a demand,  the  plaintiff
shall  elect  whether to arbitrate damages in such an action pursuant to
such a concession of liability by the defendant  or  defendants  in  the
action.  If  the defendant or defendants serve a concession of liability
upon the plaintiff within twenty days after receipt of such an election,
the issue of damages, including the proximate cause  thereof,  shall  be
subject  to  arbitration  in  accordance  with the provisions of article
seventy-five-A of this chapter. A concession of liability, made pursuant
to this section, shall not be binding on the  defendant  for  any  other
purpose.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3102 - Method of Obtaining Disclosure.

§  3102.  Method  of  obtaining  disclosure.  (a)  Disclosure devices.
Information is obtainable by one or more  of  the  following  disclosure
devices:  depositions  upon  oral  questions  or  without the state upon
written questions, interrogatories, demands for addresses, discovery and
inspection of documents or property, physical and mental examinations of
persons, and requests for admission.
(b) Stipulation or notice normal method. Unless otherwise provided  by
the  civil  practice  law and rules or by the court, disclosure shall be
obtained by stipulation or on notice without leave of the court.
(c) Before action commenced. Before an action is commenced, disclosure
to aid in bringing an action, to  preserve  information  or  to  aid  in
arbitration,  may  be  obtained,  but only by court order. The court may
appoint a referee to take testimony.
(d) After trial commenced. Except as provided in section 5223,  during
and  after  trial, disclosure may be obtained only by order of the trial
court on notice.
(e) Action pending in another  jurisdiction.  Except  as  provided  in
section  three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign  jurisdiction,  or  whenever
upon  notice  or  agreement,  it  is required to take the testimony of a
witness in the state, he or she may be compelled to appear  and  testify
in  the  same  manner and by the same process as may be employed for the
purpose of taking testimony in actions pending in the state. The supreme
court or a county court shall make  any  appropriate  order  in  aid  of
taking  such  a  deposition;  provided that no order may be issued under
this section in connection with an out-of-state proceeding  relating  to
any  legally  protected  health activity, as defined in paragraph (b) of
subdivision one of section 570.17  of  the  criminal  procedure  law  or
gender-affirming care, as defined in paragraph (c) of subdivision one of
section  sixty-five    hundred  thirty-one-b of the education law, which
occurred in this state, unless such out-of-state proceeding  (1)  sounds
in  tort  or  contract,  (2)  is actionable, in an equivalent or similar
manner, under the laws of this state, and (3) was brought by the patient
who received reproductive health services or gender-affirming  care,  or
the patient's legal representative.
(f) Action to which state is party. In an action in which the state is
properly   a  party,  whether  as  plaintiff,  defendant  or  otherwise,
disclosure by the state shall be  available  as  if  the  state  were  a
private person.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3103 - Protective Orders.

§  3103.  Protective orders. (a) Prevention of abuse. The court may at
any time on its own initiative, or on motion of  any  party  or  of  any
person  from  whom  or about whom discovery is sought, make a protective
order denying, limiting, conditioning  or  regulating  the  use  of  any
disclosure  device. Such order shall be designed to prevent unreasonable
annoyance, expense, embarrassment, disadvantage, or other  prejudice  to
any person or the courts.
(b) Suspension of disclosure pending application for protective order.
Service  of  a  notice  of  motion  for a protective order shall suspend
disclosure of the particular matter in dispute.
(c) Suppression of information improperly obtained. If any  disclosure
under this article has been improperly or irregularly obtained so that a
substantial  right  of  a party is prejudiced, the court, on motion, may
make an appropriate order, including an order that  the  information  be
suppressed.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3104 - Supervision of Disclosure.

§  3104.  Supervision  of  disclosure.  (a) Motion for, and extent of,
supervision of disclosure. Upon the motion of any party  or  witness  on
notice to all parties or on its own initiative without notice, the court
in  which  an  action  is  pending may by one of its judges or a referee
supervise all or part of any disclosure procedure.
(b) Selection of referee. A judicial hearing officer may be designated
as a referee under this section, or the court  may  permit  all  of  the
parties  in  an  action  to  stipulate  that a named attorney may act as
referee. In such latter event, the stipulation shall provide for payment
of  his  fees  which  shall,  unless  otherwise  agreed,  be  taxed   as
disbursements.
(c)   Powers  of  referee;  motions  referred  to  person  supervising
disclosure.  A referee under this section shall have all the  powers  of
the  court under this article except the power to relieve himself of his
duties, to appoint a successor, or  to  adjudge  any  person  guilty  of
contempt.   All motions or applications made under this article shall be
returnable before the judge or referee, designated  under  this  section
and  after  disposition,  if  requested by any party, his order shall be
filed in the office of the clerk.
(d) Review of order of referee. Any party or  witness  may  apply  for
review of an order made under this section by a referee. The application
shall  be  by  motion  made  in the court in which the action is pending
within five days after the order is made. Service of a notice of  motion
for review shall suspend disclosure of the particular matter in dispute.
If the question raised by the motion may affect the rights of a witness,
notice  shall  be  served on him personally or by mail at his last known
address. It shall set forth succinctly  the  order  complained  of,  the
reason it is objectionable and the relief demanded.
(e)  Payment  of  expenses of referee. Except where a judicial hearing
officer has been designated a referee hereunder, the court may  make  an
appropriate  order  for  the  payment  of the reasonable expenses of the
referee.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3106 - Priority of Depositions; Witnesses; Prisoners; Designation of Deponent.

Rule  3106. Priority of depositions; witnesses; prisoners; designation
of deponent. (a) Normal priority.   After an action  is  commenced,  any
party  may  take  the testimony of any person by deposition upon oral or
written questions.   Leave of the court, granted  on  motion,  shall  be
obtained  if notice of the taking of the deposition of a party is served
by the plaintiff before that  party's  time  for  serving  a  responsive
pleading has expired.
(b)  Witnesses.  Where  the  person to be examined is not a party or a
person who at the time of taking the deposition is an officer, director,
member or employee of a party, he  shall  be  served  with  a  subpoena.
Unless  the  court  orders  otherwise, on motion with or without notice,
such  subpoena  shall  be  served  at  least  twenty  days  before   the
examination.    Where  a  motion  for a protective order against such an
examination is made, the witness shall be notified by the  moving  party
that the examination is stayed.
(c) Prisoners. The deposition of a person confined under legal process
may be taken only by leave of the court.
(d)  Designation  of deponent. A party desiring to take the deposition
of a particular officer, director, member or employee of a person  shall
include  in the notice or subpoena served upon such person the identity,
description or title of such individual. Such person shall  produce  the
individual  so designated unless they shall have, no later than ten days
prior to the scheduled deposition, notified the  requesting  party  that
another   individual   would  instead  be  produced  and  the  identity,
description  or  title  of  such  individual  is  specified.  If  timely
notification  has  been so given, such other individual shall instead be
produced.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3107 - Notice of Taking Oral Questions.

Rule  3107.  Notice of taking oral questions. A party desiring to take
  the deposition of any person upon oral examination shall  give  to  each
  party twenty days' notice, unless the court orders otherwise. The notice
  shall  be  in  writing,  stating  the  time  and  place  for  taking the
  deposition, the name and address of  each  person  to  be  examined,  if
  known,  and,  if any name is not known, a general description sufficient
  to identify him or the particular class or group to  which  he  belongs.
  The notice need not enumerate the matters upon which the person is to be
  examined.  A  party  to be examined pursuant to notice served by another
  party may serve notice of at least ten days for the examination  of  any
  other  party,  his agent or employee, such examination to be noticed for
  and to follow at the same time and place.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3108 - Written Questions; When Permitted.

Rule  3108.  Written  questions;  when  permitted. A deposition may be
  taken on written questions when the examining party and the deponent  so
  stipulate  or  when  the  testimony  is to be taken without the state. A
  commission  or  letters  rogatory  may  be  issued  where  necessary  or
  convenient for the taking of a deposition outside of the state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3109 - Notice of Taking Deposition on Written Questions.

Rule  3109.  Notice  of  taking  deposition  on written questions. (a)
Notice of taking; service of  questions  and  cross-questions.  A  party
desiring  to  take  the  deposition of any person upon written questions
shall serve such questions  upon  each  party  together  with  a  notice
stating  the  name  and  address of the person to be examined, if known,
and, if the name is not  known,  a  general  description  sufficient  to
identify  him  or the particular class or group to which he belongs, and
the name or descriptive title and address of the officer before whom the
deposition is to be taken. Within fifteen days  thereafter  a  party  so
served  may  serve written cross-questions upon each party. Within seven
days thereafter the original party may serve written redirect  questions
upon  each  party.  Within  five  days  after  being served with written
redirect questions, a party may  serve  written  recross-questions  upon
each party.
(b)  Officer asking written questions. A copy of the notice and copies
of all written questions served shall be delivered by the  party  taking
the  deposition  to  the  officer  designated in the notice. The officer
shall proceed promptly to take the testimony of the witness in  response
to the written questions and to prepare the deposition.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3110 - Where the Deposition Is to Be Taken Within the State.

Rule  3110.  Where  the  deposition is to be taken within the state. A
  deposition within the state on notice shall be taken:
1. when the person to be examined is a party or an officer,  director,
  member  or employee of a party, within the county in which he resides or
  has an office for the regular transaction of business in person or where
  the action is pending; or
2. when any other person to be examined  is  a  resident,  within  the
  county  in  which he resides, is regularly employed or has an office for
  the regular transaction of business  in  person,  or  if  he  is  not  a
  resident, within the county in which he is served, is regularly employed
  or has an office for the regular transaction of business in person; or
3.  when  the  party  to  be  examined  is a public corporation or any
  officer, agent or employee thereof,  within  the  county  in  which  the
  action  is pending; the place of such examination shall be the office of
  any of the attorneys for such a public corporation or any officer, agent
  or authorized employee thereof unless the parties stipulate otherwise.
For the purpose of this rule New York city  shall  be  considered  one
  county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3111 - Production of Things at the Examination.

Rule  3111.  Production  of  things  at the examination. The notice or
  subpoena may require the production of books, papers and other things in
  the possession, custody or control of the person to be  examined  to  be
  marked  as  exhibits,  and  used  on  the  examination.   The reasonable
  production expenses of a non-party witness  shall  be  defrayed  by  the
  party seeking discovery.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3112 - Errors in Notice for Taking Depositions.

Rule  3112.  Errors  in notice for taking depositions.  All errors and
  irregularities in the notice for taking a deposition are  waived  unless
  at  least  three  days before the time for taking the deposition written
  objection is served upon the party giving the notice.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3114 - Examination of Witness Who Does Not Understand the English Language.

Rule  3114. Examination of witness who does not understand the English
  language. If the witness to be examined does not understand the  English
  language,  the  examining  party  must,  at  his  own expense, provide a
  translation of all  questions  and  answers.  Where  the  court  settles
  questions, it may settle them in the foreign language and in English. It
  may  use the services of one or more experts whose compensation shall be
  paid by the party  seeking  the  examination  and  may  be  taxed  as  a
  disbursement.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3115 - Objections to Qualification of Person Taking Deposition; Competency; Questions and Answers.

Rule  3115.  Objections  to qualification of person taking deposition;
competency; questions  and  answers.
(a)  Objection  when  deposition
offered  in  evidence.  Subject  to  the  other provisions of this rule,
objection may be made at the trial or hearing to receiving  in  evidence
any  deposition  or  part thereof for any reason which would require the
exclusion  of  the  evidence  if  the  witness  were  then  present  and
testifying.
(b)  Errors which might be obviated if made known promptly. Errors and
irregularities occurring at the oral examination in the manner of taking
the deposition, in the form of the questions or answers, in the oath  or
affirmation,  or in the conduct of persons, and errors of any kind which
might be obviated or removed if objection were promptly  presented,  are
waived  unless reasonable objection thereto is made at the taking of the
deposition.
(c) Disqualification of person taking  deposition.  Objection  to  the
taking of a deposition because of disqualification of the person by whom
it  is  to  be  taken  is  waived  unless  made before the taking of the
deposition begins or as soon thereafter as the disqualification  becomes
known or could be discovered with reasonable diligence.
(d)  Competency of witnesses or admissibility of testimony. Objections
to the competency of a witness or to the admissibility of testimony  are
not  waived  by  failure to make them before or during the taking of the
deposition, unless the ground of the objection is one which  might  have
been obviated or removed if objection had been made at that time.
(e)  Form  of  written  questions.  Objections  to the form of written
questions are waived unless served in writing upon the party propounding
the questions within the time allowed for serving  succeeding  questions
or within three days after service.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3116 - Signing Deposition; Physical Preparation; Copies.

Rule  3116.  Signing  deposition;  physical preparation; copies.   (a)
Signing.  The  deposition  shall  be  submitted  to  the   witness   for
examination  and  shall  be read to or by him or her, and any changes in
form or substance which the witness desires to make shall be entered  at
the  end  of the deposition with a statement of the reasons given by the
witness for making them. The deposition shall  then  be  signed  by  the
witness  before  any  officer  authorized  to administer an oath. If the
witness fails to sign and return the deposition within  sixty  days,  it
may  be used as fully as though signed. No changes to the transcript may
be made by the witness more than sixty  days  after  submission  to  the
witness for examination.
(b)  Certification  and filing by officer. The officer before whom the
deposition was taken shall certify on the deposition  that  the  witness
was  duly  sworn  by him and that the deposition is a true record of the
testimony given by the witness. He shall list  all  appearances  by  the
parties and attorneys. If the deposition was taken on written questions,
he  shall  attach  to  it  the  copy of the notice and written questions
received by him. He shall  then  securely  seal  the  deposition  in  an
envelope  endorsed  with the title of the action and the index number of
the action, if one has been assigned, and marked  "Deposition  of  (here
insert  name of witness)" and shall promptly file it with, or send it by
registered or certified mail to the clerk of the court where the case is
to be tried.  The deposition shall always be open to the  inspection  of
the  parties, each of whom is entitled to make copies thereof. If a copy
of the deposition is furnished to each party or if the parties stipulate
to waive filing, the officer need not file the original but may  deliver
it to the party taking the deposition.
(c)  Exhibits.  Documentary  evidence  exhibited before the officer or
exhibits marked for identification during the examination of the witness
shall be annexed to  and  returned  with  the  deposition.  However,  if
requested by the party producing documentary evidence or on exhibit, the
officer shall mark it for identification as an exhibit in the case, give
each  party  an  opportunity to copy or inspect it, and return it to the
party offering it, and it may then be used in  the  same  manner  as  if
annexed to and returned with the deposition.
(d)  Expenses  of taking. Unless the court orders otherwise, the party
taking the deposition shall bear the expense thereof.
(e)  Errors  of   officer   or   person   transcribing.   Errors   and
irregularities  of the officer or the person transcribing the deposition
are waived unless a motion to  suppress  the  deposition  or  some  part
thereof is made with reasonable promptness after such defect is, or with
due diligence might have been, ascertained.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3118 - Demand for Address of Party or of Person Who Possessed an Assigned Cause of Action or Defense.

Rule  3118.  Demand for address of party or of person who possessed an
  assigned cause of action or defense. A party may serve on  any  party  a
  written  notice  demanding  a  verified statement setting forth the post
  office address and residence of the party, of any specified  officer  or
  member of the party and of any person who possessed a cause of action or
  defense asserted in the action which has been assigned. The demand shall
  be complied with within ten days of its service.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3120 - Discovery and Production of Documents and Things for Inspection, Testing, Copying or Photographing.

Rule  3120.  Discovery  and  production  of  documents  and things for
inspection, testing, copying or photographing.
1. After commencement of an action, any party may serve on  any  other
party a notice or on any other person a subpoena duces tecum:
(i)  to  produce  and  permit  the party seeking discovery, or someone
acting on his or her behalf, to inspect, copy, test  or  photograph  any
designated  documents or any things which are in the possession, custody
or control of the party or person served; or
(ii) to permit entry upon designated land or  other  property  in  the
possession,  custody  or  control  of the party or person served for the
purpose  of  inspecting,  measuring,   surveying,   sampling,   testing,
photographing  or recording by motion pictures or otherwise the property
or any specifically designated object or operation thereon.
2. The notice or subpoena duces tecum shall specify  the  time,  which
shall  be  not  less  than  twenty  days  after service of the notice or
subpoena, and the place and manner of making the inspection, copy,  test
or  photograph,  or of the entry upon the land or other property and, in
the case of an inspection, copying, testing or photographing, shall  set
forth  the  items  to  be  inspected,  copied, tested or photographed by
individual item or  by  category,  and  shall  describe  each  item  and
category with reasonable particularity.
3.  The  party  issuing a subpoena duces tecum as provided hereinabove
shall at the same time serve a copy  of  the  subpoena  upon  all  other
parties  and,  within  five days of compliance therewith, in whole or in
part, give to each party notice that  the  items  produced  in  response
thereto  are  available  for inspection and copying, specifying the time
and place thereof.
4. Nothing contained in this section shall be construed to change  the
requirement  of  section  2307  that a subpoena duces tecum to be served
upon a library or a department or bureau of a municipal corporation,  or
of the state, or an officer thereof, requires a motion made on notice to
the  library, department, bureau or officer, and the adverse party, to a
justice of the supreme court or a judge of the court in which the action
is triable.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3121 - Physical or Mental Examination.

§  3121.  Physical  or  mental examination. (a) Notice of examination.
After commencement  of  an  action  in  which  the  mental  or  physical
condition or the blood relationship of a party, or of an agent, employee
or  person  in  the custody or under the legal control of a party, is in
controversy, any party may serve notice on another party to submit to  a
physical,  mental  or blood examination by a designated physician, or to
produce for such examination his agent, employee or the  person  in  his
custody or under his legal control. The notice may require duly executed
and  acknowledged  written  authorizations  permitting  all  parties  to
obtain, and make copies of, the records of specified hospitals  relating
to  such  mental  or  physical  condition or blood relationship; where a
party  obtains  a  copy  of  a  hospital  record  as  a  result  of  the
authorization of another party, he shall deliver a duplicate of the copy
to  such party. A copy of the notice shall be served on the person to be
examined. It shall specify the time, which shall be not less than twenty
days after service of the notice, and the conditions and  scope  of  the
examination.
(b)  Copy  of  report.  A  copy  of  a  detailed written report of the
examining physician setting out his findings and  conclusions  shall  be
delivered  by  the party seeking the examination to any party requesting
to exchange therefor a  copy  of  each  report  in  his  control  of  an
examination  made  with  respect  to the mental or physical condition in
controversy.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3122-B - Certification of Insurance Disclosure.

§  3122-b. Certification of insurance disclosure. Information provided
  pursuant to subdivision (f) of section thirty-one hundred  one  of  this
  article  shall  be  accompanied  by  a  certification  by the defendant,
  third-party defendant, or defendant on a  cross-claim  or  counter-claim
  and  a  certification  by  any  attorney  appearing  for  the defendant,
  third-party defendant, or defendant on a cross-claim  or  counter-claim,
  sworn  in  the  form  of  an affidavit or affirmation where appropriate,
  stating  that  the  information  is  accurate  and  complete,  and  that
  reasonable   efforts  have  been  undertaken,  and  in  accordance  with
  paragraph two of subdivision (f) of section thirty-one  hundred  one  of
  this article will be undertaken, to ensure that this information remains
  accurate and complete.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3124 - Failure to Disclose; Motion to Compel Disclosure.

Rule  3124.  Failure  to  disclose;  motion to compel disclosure. If a
  person  fails  to  respond  to  or  comply  with  any  request,  notice,
  interrogatory,  demand,  question  or order under this article, except a
  notice to admit under section 3123, the  party  seeking  disclosure  may
  move to compel compliance or a response.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3125 - Place Where Motion to Compel Disclosure Made.

Rule  3125.  Place  where  motion  to  compel  disclosure made. Unless
  otherwise provided by rule of the chief administrator of the courts, the
  county in which a  deposition  is  being  taken  or  an  examination  or
  inspection  is  being  sought  may be treated by the moving party as the
  county in which the action is pending for purposes of section 3124.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3126 - Penalties for Refusal to Comply With Order or to Disclose.

§  3126. Penalties for refusal to comply with order or to disclose. If
  any party, or a person who at the time  a  deposition  is  taken  or  an
  examination  or  inspection  is  made  is  an officer, director, member,
  employee or agent of a party  or  otherwise  under  a  party's  control,
  refuses  to  obey  an order for disclosure or wilfully fails to disclose
  information which the court finds ought to have been disclosed  pursuant
  to  this  article,  the  court  may  make such orders with regard to the
  failure or refusal as are just, among them:
1. an order that the issues to which the information is relevant shall
  be deemed resolved for purposes of the action  in  accordance  with  the
  claims of the party obtaining the order; or
2.  an  order  prohibiting  the  disobedient  party from supporting or
  opposing designated claims  or  defenses,  from  producing  in  evidence
  designated  things  or  items  of  testimony,  or  from  introducing any
  evidence of the  physical,  mental  or  blood  condition  sought  to  be
  determined, or from using certain witnesses; or
3.  an  order  striking  out  pleadings  or  parts thereof, or staying
  further proceedings until the order is obeyed, or dismissing the  action
  or  any  part  thereof,  or  rendering a judgment by default against the
  disobedient party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3130 - Use of Interrogatories.

§  3130.  Use  of  interrogatories.  1.  Except  as otherwise provided
  herein, after commencement of an action, any party may  serve  upon  any
  other  party  written interrogatories. Except in a matrimonial action, a
  party may not serve written interrogatories on another  party  and  also
  demand a bill of particulars of the same party pursuant to section 3041.
  In  the case of an action to recover damages for personal injury, injury
  to property or wrongful death predicated solely on a cause or causes  of
  action  for  negligence,  a  party  shall  not  be  permitted  to  serve
  interrogatories on and conduct a deposition of the same  party  pursuant
  to rule 3107 without leave of court.
2.  After the commencement of a matrimonial action or proceeding, upon
  motion brought by either party, upon such notice to the other party  and
  to  the non-party from whom financial disclosure is sought, and given in
  such manner as the court shall direct, the court may order  a  non-party
  to  respond  under oath to written interrogatories limited to furnishing
  financial information concerning a  party,  and  further  provided  such
  information  is  both reasonable and necessary in the prosecution or the
  defense of such matrimonial action or proceeding.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3131 - Scope of Interrogatories.

§  3131.  Scope  of interrogatories. Interrogatories may relate to any
  matters embraced in the disclosure requirement of section 3101  and  the
  answers  may  be  used to the same extent as the depositions of a party.
  Interrogatories  may  require  copies  of  such  papers,  documents   or
  photographs  as are relevant to the answers required, unless opportunity
  for this examination and copying be afforded.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3132 - Service of Interrogatories.

Rule  3132.  Service  of  interrogatories.  After  commencement  of an
  action, any party may  serve  written  interrogatories  upon  any  other
  party.  Interrogatories  may  not be served upon a defendant before that
  defendant's time for serving a responsive pleading has  expired,  except
  by  leave  of  court  granted  with  or  without  notice.  A copy of the
  interrogatories and of any order made under this rule shall be served on
  each party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3133 - Service of Answers or Objections to Interrogatories.

Rule  3133.  Service  of answers or objections to interrogatories. (a)
Service of an answer or objection. Within twenty days after  service  of
interrogatories,  the  party  upon whom they are served shall serve upon
each of the parties a copy of the answer to each  interrogatory,  except
one  to  which  the  party  objects,  in which event the reasons for the
objection shall be stated with reasonable particularity.
(b)   Form   of   answers   and   objections    to    interrogatories.
Interrogatories  shall  be  answered  in writing under oath by the party
served, if an individual, or, if the party served is  a  corporation,  a
partnership  or  a sole proprietorship, by an officer, director, member,
agent or  employee  having  the  information.  Each  question  shall  be
answered  separately and fully, and each answer shall be preceded by the
question to which it responds.
(c)  Amended  answers.   Except   with   respect   to   amendment   or
supplementation  of  responses  pursuant  to  subdivision (h) of section
3101, answers to interrogatories may be amended or supplemented only  by
order of the court upon motion.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › 3140 - Disclosure of Appraisals in Proceedings for Condemnation, Appropriation or Review of Tax Assessments.

§  3140.  Disclosure  of  appraisals  in proceedings for condemnation,
  appropriation  or  review  of  tax  assessments.   Notwithstanding   the
  provisions  of  subdivisions  (c)  and  (d)  of  section 3101, the chief
  administrator of the courts shall adopt rules governing the exchange  of
  appraisal  reports  intended  for  use  at  the trial in proceedings for
  condemnation, appropriation or review of tax assessments.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › 3201 - Confession of Judgment Before Default on Certain Installment Contracts Invalid.

§  3201.  Confession of judgment before default on certain installment
  contracts invalid.  Notwithstanding the provisions of section thirty-two
  hundred eighteen, no judgment by confession  shall  be  entered  on  any
  affidavit  which was executed prior to the time a default in the payment
  of an installment occurs in connection with  the  purchase  for  fifteen
  hundred  dollars  or  less  of  any commodities for any use other than a
  commercial or business use upon any plan of  deferred  payments  whereby
  the  price  or cost is payable in two or more installments. Any judgment
  entered in violation of this section is void and unenforceable.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › 3213 - Motion for Summary Judgment in Lieu of Complaint.

§  3213.  Motion  for  summary  judgment in lieu of complaint. When an
  action is based upon an instrument for the payment of money only or upon
  any judgment, the plaintiff may serve  with  the  summons  a  notice  of
  motion  for  summary  judgment  and  the  supporting papers in lieu of a
  complaint. The summons served with such motion papers shall require  the
  defendant  to  submit  answering  papers  on  the motion within the time
  provided in the notice of motion. The minimum time such motion shall  be
  noticed  to be heard shall be as provided by subdivision (a) of rule 320
  for making an appearance, depending upon the method of service.  If  the
  plaintiff  sets  the  hearing  date of the motion later than the minimum
  time therefor, he may require the defendant  to  serve  a  copy  of  his
  answering  papers  upon  him  within  such  extended period of time, not
  exceeding ten days, prior to such hearing date. No default judgment  may
  be  entered  pursuant  to  subdivision  (a) of section 3215 prior to the
  hearing date of the motion. If the motion  is  denied,  the  moving  and
  answering papers shall be deemed the complaint and answer, respectively,
  unless  the  court  orders  otherwise. The additional notice required by
  subdivision (j) of rule 3212  shall  be  applicable  to  a  motion  made
  pursuant  to this section in any action to collect a debt arising out of
  a consumer credit transaction where a consumer is a defendant.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 32 - Accelerated Judgment › R3214 - Motions Heard by Judge Supervising Disclosure; Stay of Disclosure.

Rule.   3214.   Motions heard by judge supervising disclosure; stay of
disclosure.  (a)    Judge  supervising  disclosure.  Unless  the   chief
administrator  of the courts has, by rule, provided otherwise, if a case
has been assigned to a judge to supervise disclosure pursuant to section
3104, all motions preliminary to trial shall be referred to  such  judge
whenever practicable.
(b) Stay of disclosure. Service of a notice of motion under rule 3211,
3212, or section 3213 stays disclosure until determination of the motion
unless the court orders otherwise.  If the motion is based solely on the
defense  that  the summons and complaint, summons with notice, or notice
of petition and petition was not properly served, disclosure  shall  not
be stayed unless the court orders otherwise.