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New York Civil Practice Law and Rules 105 - Definitions.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 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.
    (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."
    (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.
    (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, 2009
    (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.

Last modified: July 31, 2006