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New York Civil Practice Law & Rules - Article 30 - (3001 - 3045) Remedies and Pleading

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  • New York Civil Practice Law & Rules - Article 30 - Remedies and Pleading
    3001. Declaratory judgment. 3002. Actions and relief not barred for inconsistency. (a) Action against several persons. (b) Action against agent and undisclosed principal. (c) Action...
  • New York Civil Practice Law & Rules - § 3001 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 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,...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 3012 - Service of Pleadings and Demand for Complaint
    (a) Service of pleadings. The complaint may be served with the summons. A subsequent pleading asserting new or additional claims for relief shall be served...
  • New York Civil Practice Law & Rules - § 3012-A - Certificate of Merit in Medical, Dental and Podiatric Malpractice Actions
    (a) In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff,...
  • New York Civil Practice Law & Rules - § 3012-B - Certificate of Merit in Certain Residential Forclosure Actions
    Civil Practice Law and Rules § 3012-b. Certificate of merit in certain residential foreclosure actions. (a) In any residential foreclosure action involving a home...
  • New York Civil Practice Law & Rules - § 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,...
  • New York Civil Practice Law & Rules - § R3014 - 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...
  • New York Civil Practice Law & Rules - § R3015 - 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...
  • New York Civil Practice Law & Rules - § R3016 - 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...
  • New York Civil Practice Law & Rules - § 3017 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 3020 - Verification
    may be made by such agent or attorney.
  • New York Civil Practice Law & Rules - § R3021 - 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...
  • New York Civil Practice Law & Rules - § R3022 - 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...
  • New York Civil Practice Law & Rules - § R3023 - 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...
  • New York Civil Practice Law & Rules - § R3024 - 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...
  • New York Civil Practice Law & Rules - § R3025 - 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...
  • New York Civil Practice Law & Rules - § 3026 - Construction
    Pleadings shall be liberally construed. Defects shall be ignored if a substantial right of a party is not prejudiced.
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § R3032 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § R3034 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § R3036 - Court Determination
    of Disputes. 7. The judgment roll shall consist of the submission or contract; the statement of claims and defenses; each paper submitted to the court...
  • New York Civil Practice Law & Rules - § 3037 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § R3042 - 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....
  • New York Civil Practice Law & Rules - § R3043 - 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...
  • New York Civil Practice Law & Rules - § 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...
  • New York Civil Practice Law & Rules - § 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...