2023 New York Laws › CVP - Civil Practice Law and Rules › Article 1 - Short Title; Applicability and Definitions › 105 - Definitions.

§  105.  Definitions.  (a)  Applicability. Unless the context requires
otherwise, the definitions in this section apply to the  civil  practice
law and rules.
(b)  Action  and  special  proceeding.  The  word  "action" includes a
special proceeding; the words "plaintiff" and  "defendant"  include  the
petitioner  and  the  respondent, respectively, in a special proceeding;
and the words "summons" and "complaint" include the notice  of  petition
and the petition, respectively, in a special proceeding.
(c)  Attorney.  The  word  "attorney"  includes a party prosecuting or
defending an action in person.
(d) Civil judicial proceeding. A  "civil  judicial  proceeding"  is  a
prosecution, other than a criminal action, of an independent application
to a court for relief.
(e)  Clerk.  The  word "clerk," as used in any provision respecting an
action or any proceedings therein, means the clerk of the court in which
the action is triable. In supreme and county  court,  the  word  "clerk"
shall mean the clerk of the county.
(f)   Consumer   credit   transaction.   The   term  "consumer  credit
transaction" means a  transaction  wherein  credit  is  extended  to  an
individual  and  the money, property, or service which is the subject of
the transaction is primarily for personal, family or household purposes.
(g) Court and judge. The  word  "court,"  as  used  in  any  provision
concerning  a  motion,  order  or  special  proceeding, includes a judge
thereof authorized to act out of court  with  respect  to  such  motion,
order or special proceeding.
(h)  Domestic  and  foreign corporation. A "domestic corporation" is a
corporation created by or under the laws of the state, or a  corporation
located  in  the  state  and  created by or under the laws of the United
States, or a corporation created by or pursuant to the laws in force  in
the  colony  of  New  York  before  April  nineteenth, seventeen hundred
seventy-five. Every other corporation is a "foreign corporation."
(h-1) Finance charge. The term "finance  charge"  means  the  cost  of
consumer credit as a dollar amount, includes any charge payable directly
or  indirectly by the consumer and imposed directly or indirectly by the
creditor as an incident to or a condition of the  extension  of  credit,
and  does  not include any charge of a type payable in a comparable cash
transaction.
(i) Garnishee. A "garnishee" is a person who owes a debt to a judgment
debtor, or a person other than the judgment debtor who has  property  in
his possession or custody in which a judgment debtor has an interest.
(j) Infant, infancy. The word "infant", as used in this chapter, means
a  person  who  has  not  attained  the  age of eighteen years. The word
"infancy" means the state of being an infant.
(k) Judgment. The word  "judgment"  means  a  final  or  interlocutory
judgment.
(l)  Judgment  creditor.  A  "judgment  creditor" is a person in whose
favor a money judgment is entered or a person who  becomes  entitled  to
enforce it.
(m)  Judgment  debtor.  A  "judgment debtor" is a person, other than a
defendant not summoned in the action, against whom a money  judgment  is
entered.
(n)  Judicial  hearing  officer.  A "judicial hearing officer" means a
person so designated pursuant to provisions of article twenty-two of the
judiciary law.
(o) Law. The word "law" means any statute or any civil practice rule.
(p) Matrimonial action. The term "matrimonial action" includes actions
for a separation, for an annulment or dissolution of a marriage,  for  a
divorce,  for  a  declaration  of  the nullity of a void marriage, for a

declaration of the validity or nullity of a foreign judgment of  divorce
and for a declaration of the validity or nullity of a marriage.
(q)  Money  judgment.  A  "money  judgment" is a judgment, or any part
thereof, for a sum of money or directing the payment of a sum of money.
(q-1) Original creditor. The term "original creditor" means the entity
that owned a consumer credit account at the date of default giving  rise
to a cause of action.
(r) Place where action triable. The place where an action is "triable"
means  the  place where the action is pending; or, if no action has been
commenced, any proper place of trial or any proper place to commence the
action; or, after entry of judgment, the place where  the  judgment  was
entered.
(s) Real property. "Real property" includes chattels real.
* (s-1)  The sheriff. The term "the sheriff", as used in this chapter,
means the county sheriff  as  defined  in  subdivision  (a)  of  section
thirteen  of article thirteen of the constitution and in counties in the
city of New York, the city sheriff as defined in section fifteen hundred
twenty-six of chapter fifty-eight of the New York city charter. For  the
purposes   of   article  fifty-two  of  this  chapter  relating  to  the
enforcement of money judgments and for the purposes of any provision  of
law  which  in effect applies any such provision of article fifty-two of
this chapter, such term shall also mean any "city marshal" as defined in
article sixteen of the New York city civil court act, except  that  city
marshals shall have no power to levy upon or sell real property and city
marshals shall have no power of arrest.
* NB Repealed June 30, 2024
(t)  Type size requirement. Whenever a requirement relating to size of
type is stated in point size, the type size requirement shall be  deemed
met  if  the  x-height of the type is a minimum of forty-five percent of
the  specified  point  size.  Each  point  shall  be  measured  as  .351
millimeter.  The  x-height  size  shall be measured as it appears on the
page. The x-height is the height of the lower case letters, exclusive of
ascenders or descenders.
(u) Verified pleading. A "verified pleading" may  be  utilized  as  an
affidavit whenever the latter is required.