2023 New York Laws › CVP - Civil Practice Law and Rules › Article 30 - Remedies and Pleading › R3016 - Particularity in Specific Actions.

Rule 3016. Particularity in specific actions. (a) Libel or slander. In
an action for libel or slander, the particular words complained of shall
be  set  forth  in the complaint, but their application to the plaintiff
may be stated generally.
(b) Fraud or mistake. Where a cause of action or defense is based upon
misrepresentation, fraud, mistake, wilful default, breach  of  trust  or
undue  influence,  the  circumstances  constituting  the  wrong shall be
stated in detail.
(c) Separation or divorce. In an action for separation or divorce, the
nature and circumstances of a party's alleged misconduct,  if  any,  and
the time and place of each act complained of, if any, shall be specified
in the complaint or counterclaim as the case may be.
(d)  Judgment.  In  an action on a judgment, the complaint shall state
the extent to which any judgment recovered by the plaintiff against  the
defendant, or against a person jointly liable with the defendant, on the
same cause of action has been satisfied.
(e)  Law  of  foreign  country.  Where a cause of action or defense is
based upon the law of a foreign country or  its  political  subdivision,
the substance of the foreign law relied upon shall be stated.
(f)  Sale and delivery of goods or performing of labor or services. In
an action involving the sale and delivery of goods, or the performing of
labor or services, or the furnishing of materials, the plaintiff may set
forth and number in his verified complaint the items of  his  claim  and
the reasonable value or agreed price of each. Thereupon the defendant by
his  verified answer shall indicate specifically those items he disputes
and whether in respect of delivery or performance, reasonable  value  or
agreed price.
(g)  Personal  injury.  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,  the  complaint  shall  state  that the
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.
(h) Gross negligence or intentional  infliction  of  harm  by  certain
directors,  officers  or trustees of certain corporations, associations,
organizations or trusts. In an  action  or  proceeding  based  upon  the
conduct  of  a  director,  officer or trustee described in section seven
hundred twenty-a of the not-for-profit corporation  law  or  subdivision
six of section 20.09 of the arts and cultural affairs law, the complaint
shall be verified and shall state whether or not said complaint is based
upon gross negligence or intentional infliction of harm.
(i)  Privacy of name in certain legal challenges to college/university
disciplinary findings. In any proceeding brought against  a  college  or
university  that  is chartered by the regents or incorporated by special
act of the legislature, which proceeding seeks to  vacate  or  modify  a
finding  that  a  student  was responsible for a violation of college or
university rules regarding a violation covered by  article  one  hundred
twenty-nine-B   of   the   education   law,  the  name  and  identifying
biographical  information  of  any  student   shall   be   presumptively
confidential and shall not be included in the pleadings and other papers
from such proceeding absent a waiver or cause shown as determined by the
court. Such witnesses shall be identified only as numbered witnesses. If
such  a  name  or  identifying  biographical  information  appears  in a
pleading or paper filed in such a proceeding, the court, absent  such  a
waiver  or  cause  shown,  shall direct the clerk of the court to redact

such name and identifying biographical information  and  so  advise  the
parties.
(j)  Consumer  credit  transactions.  In  an  action  arising out of a
consumer credit transaction where a purchaser, borrower or debtor  is  a
defendant,  the contract or other written instrument on which the action
is based shall be attached to the complaint, however, for  the  purposes
of  this  section,  if  the  account was a revolving credit account, the
charge-off statement may be attached to the  complaint  instead  of  the
contract  or  other  written  instrument,  and the following information
shall be set forth in the complaint:
(1) The name of the original creditor;
(2) The last four digits of the account number  printed  on  the  most
recent  monthly statement recording a purchase transaction, last payment
or balance transfer;
(3) The date and amount of the last payment  or,  if  no  payment  was
made, a statement that the purchaser, borrower or debtor made no payment
on the account;
(4)  If  the  complaint contains a cause of action based on an account
stated, the date on or about which the final statement  of  account  was
provided to the defendant;
(5)  (A)  Except as provided in subparagraph (B) of this paragraph, an
itemization of the amount sought, by (i) principal; (ii) finance  charge
or charges; (iii) fees imposed by the original creditor; (iv) collection
costs;  (v) attorney's fees; (vi) interest; and (vii) any other fees and
charges.
(B) If the account was a revolving credit account, an  itemization  of
the  amount  sought,  by:  (i)  the  total  amount of the debt due as of
charge-off; (ii) the total amount of interest accrued since  charge-off;
(iii)  the  total  amount  of non-interest charges or fees accrued since
charge-off; and (iv) the total amount of payments and/or credits made on
the debt since charge-off;
(6) The account balance printed on the most recent  monthly  statement
recording a purchase transaction, last payment or balance transfer;
(7) (A) Whether the plaintiff is the original creditor.
(B) If the plaintiff is not the original creditor, the complaint shall
also  state  (i)  the date on which the debt was sold or assigned to the
plaintiff; (ii) the name of each previous owner of the account from  the
original  creditor  to  the plaintiff and the date on which the debt was
assigned to that owner by the original creditor or subsequent owner; and
(iii) the amount due at the time of the sale or assignment of  the  debt
by the original creditor; and
(8)  Any  matters required to be stated with particularity pursuant to
rule 3015 of this article.