New York Civil Practice Law & Rules Article 30 - REMEDIES AND PLEADING

• 3001 - Declaratory Judgment.
  The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 3012-b - Certificate of Merit in Certain Residential Forclosure Actions.
  3012-b. Certificate of merit in certain residential foreclosure actions. (a) In any residential foreclosure action involving a home loan, as such term is defined in...
• 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,...
• R3014 - Statements.
  Rule 3014. Statements. Every pleading shall consist of plain and concise statements in consecutively numbered paragraphs. Each paragraph shall contain, as far as practicable, a...
• R3015 - Particularity As to Specific Matters.
  Rule 3015. Particularity as to specific matters. (a) Conditions precedent. The performance or occurrence of a condition precedent in a contract need not be pleaded....
• 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...
• 3017 - Demand for Relief.
  (a) Generally. Except as otherwise provided in subdivision (c) of this section, every complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a demand...
• 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...
• 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...
• 3020 - Verification.
  (a) Generally. A verification is a statement under oath that the pleading is true to the knowledge of the deponent, except as to matters alleged...
• R3021 - Form of Affidavit of Verification.
  Rule 3021. Form of affidavit of verification. The affidavit of verification must be to the effect that the pleading is true to the knowledge of...
• R3022 - Remedy for Defective Verification.
  Rule 3022. Remedy for defective verification. A defectively verified pleading shall be treated as an unverified pleading. Where a pleading is served without a sufficient...
• R3023 - Construction of Verified Pleading.
  Rule 3023. Construction of verified pleading. The allegations or denials in a verified pleading must, in form, be stated to be made by the party...
• R3024 - Motion to Correct Pleadings.
  Rule 3024. Motion to correct pleadings. (a) Vague or ambiguous pleadings. If a pleading is so vague or ambiguous that a party cannot reasonably be...
• R3025 - Amended and Supplemental Pleadings.
  Rule 3025. Amended and supplemental pleadings. (a) Amendments without leave. A party may amend his pleading once without leave of court within twenty days after...
• 3026 - Construction.
  Pleadings shall be liberally construed. Defects shall be ignored if a substantial right of a party is not prejudiced.
• 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...
• R3032 - Contents of Statement.
  Rule 3032. Contents of statement. The statement required when an action is commenced without summons, or continued after the service of a summons without pleadings,...
• 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...
• R3034 - Motion Procedure to Settle Statement Terms.
  Rule 3034. Motion procedure to settle statement terms. 1. A party aggrieved by the failure of another to perform under a contract to submit a...
• 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...
• R3036 - Court Determination.
  Rule 3036. Court determination. 1. Except upon a trial under paragraph three of rule 3034 of the issue of the making of the contract or...
• 3037 - Appeal.
  An appeal may be taken only from a judgment, or an order determining the making of the contract or submission or the failure to comply...
• 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...
• R3042 - Procedure for Bill of Particulars.
  Rule 3042. Procedure for bill of particulars. (a) Demand. A demand for a bill of particulars shall be made by serving a written demand stating...
• R3043 - Bill of Particulars in Personal Injury Actions.
  Rule 3043. Bill of particulars in personal injury actions. (a) Specified particulars. In actions to recover for personal injuries the following particulars may be required:...
• 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...
• 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...

Last modified: February 3, 2019