New York Civil Practice Law & Rules Article 10 - PARTIES GENERALLY
- 1001 - Necessary Joinder of Parties.
(a) Parties who should be joined. Persons who ought to be parties if complete relief is to be accorded between the persons who are parties...
- 1002 - Permissive Joinder of Parties.
(a) Plaintiffs. Persons who assert any right to relief jointly, severally, or in the alternative arising out of the same transaction, occurrence, or series of...
- 1003 - Nonjoinder and Misjoinder of Parties.
Nonjoinder of a party who should be joined under section 1001 is a ground for dismissal of an action without prejudice unless the court allows...
- 1004 - When Joinder Unnecessary.
Except where otherwise prescribed by order of the court, an executor, administrator, guardian of the property of an infant, committee of the property of a...
- 1006 - Interpleader.
(a) Stakeholder; claimant; action of interpleader. A stakeholder is a person who is or may be exposed to multiple liability as the result of adverse...
- 1007 - When Third-Party Practice Allowed.
After the service of his answer, a defendant may proceed against a person not a party who is or may be liable to that defendant...
- 1008 - Answer of Third-Party Defendant; Defenses.
The third-party defendant shall answer the claim asserted against him or her by serving copies of his or her answer upon the third-party plaintiff. The...
- R1009 - Claim by Plaintiff Against Third-Party Defendant.
Rule 1009. Claim by plaintiff against third-party defendant. Within twenty days after service of the answer to the third-party complaint upon plaintiff's attorney, the plaintiff...
- R1010 - Dismissal or Separate Trial of Third-Party Complaint.
Rule 1010. Dismissal or separate trial of third-party complaint. The court may dismiss a third-party complaint without prejudice, order a separate trial of the third-party...
- R1011 - Successive Third-Party Proceedings; Counterclaims.
Rule 1011. Successive third-party proceedings; counterclaims. A third-party defendant may proceed pursuant to section 1007 against any person who is or may be liable to...
- 1012 - Intervention As of Right; Notice to Attorney-General, City, County, Town or Village Where Constitutionality in Issue.
(a) Intervention as of right. Upon timely motion, any person shall be permitted to intervene in any action: 1. when a statute of the state...
- 1013 - Intervention by Permission.
Upon timely motion, any person may be permitted to intervene in any action when a statute of the state confers a right to intervene in...
- 1014 - Proposed Intervention Pleading.
A motion to intervene shall be accompanied by a proposed pleading setting forth the claim or defense for which intervention is sought.
- 1015 - Substitution Upon Death.
(a) Generally. If a party dies and the claim for or against him is not thereby extinguished the court shall order substitution of the proper...
- 1016 - Substitution of Committee or Conservator.
If a party is adjudicated incompetent or a conservator has been appointed, the court shall order substitution of his committee or conservator.
- 1017 - Substitution in Case of Receivership or Dissolution of a Corporation.
If a receiver is appointed for a party, or a corporate party is dissolved, the court shall order substitution of the proper parties.
- 1018 - Substitution Upon Transfer of Interest.
Upon any transfer of interest, the action may be continued by or against the original parties unless the court directs the person to whom the...
- 1019 - Substitution of Public Officers.
If a person made a party in his capacity as public officer dies or otherwise ceases to hold office, the action may be continued by...
- 1020 - Substitution of Indemnitors for Executing or Attaching Officer.
Where an action is brought against an officer to recover a chattel levied upon by virtue of an execution or order of attachment, or to...
- 1021 - Substitution Procedure; Dismissal for Failure to Substitute; Presentation of Appeal.
A motion for substitution may be made by the successors or representatives of a party or by any party. If a person who should be...
- 1022 - Substitution: Extension of Time for Taking Procedural Steps.
Unless the court orders otherwise, if the time for making a motion for a new trial or for taking an appeal or for making a...
- 1023 - Public Body or Officer Described by Official Title.
When a public officer, body, board, commission or other public agency may sue or be sued in its official capacity, it may be designated by...
- 1024 - Unknown Parties.
A party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party,...
- 1025 - Partnerships and Unincorporated Associations.
Two or more persons conducting a business as a partnership may sue or be sued in the partnership name, and actions may be brought by...
- 1026 - Review of Determinations by Administrative Officers of the Unified Court System.
In any action or proceeding brought to review a determination of the chief judge of the court of appeals, of the court of appeals or...
Last modified: February 3, 2019