2006 New York Code - Remedies And Pleading

 
                                 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 for conversion and on contract.
                    (d) Action on contract and to reform.
                    (e) Claim for damages and rescission.
                    (f) Vendee's lien not to depend upon form of action.
          3003.   Action  for  periodic  payments  due  under  pension  or
                    retirement  contract  no  bar  to  action  for  future
                    installments.
          3004.   Where    restoration   of   benefits   before   judgment
                    unnecessary.
          3005.   Relief against mistake of law.
          3011.   Kinds of pleadings.
          3012.   Service of pleadings and demand for complaint.
                    (a) Service of pleadings.
                    (b) Service of complaint where summons served  without
                          complaint.
                    (c) Additional  time to serve answer where summons and
                          complaint not personally delivered to person  to
                          be served within the state.
                    (d) Extension of time to appear or plead.
          3012-a. Certificate  of  merit  in medical, dental and podiatric
                    malpractice actions.
          3013.   Particularity of statements generally.
          3014.   Statements.
          3015.   Particularity as to specific matters.
                    (a) Conditions precedent.
                    (b) Corporate status.
                    (c) Judgment, decision or determination.
                    (d) Signatures.
                    (e) License to do business.
          3016.   Particularity in specific actions.
                    (a) Libel or slander.
                    (b) Fraud or mistake.
                    (c) Separation or divorce.
                    (d) Judgment.
                    (e) Law of foreign country.
                    (f) Sale and delivery of goods or performing of  labor
                          or services.
                    (g) Personal injury.
                    (h) Gross negligence or intentional infliction of harm
                          by  certain  directors,  officers or trustees of
                          certain       corporations,        associations,
                          organizations or trusts.
          3017.   Demand for relief.
                    (a) Generally.
                    (b) Declaratory judgment.
                    (c) Personal injury or wrongful death actions.
          3018.   Responsive pleadings.
                    (a) Denials.
                    (b) Affirmative defenses.
          3019.   Counterclaims and cross-claims.
                    (a) Subject of counterclaims.
                    (b) Subject of cross-claims.
                    (c) Counterclaim against trustee or nominal plantiff.
                    (d) Cause  of  action  in  counterclaim or cross-claim
                          deemed in complaint.
          3020.   Verification.
                    (a) Generally.
                    (b) When answer must be verified.
                    (c) Defense not involving the merits.
                    (d) By whom verification made.
          3021.   Form of affidavit of verification.
          3022.   Remedy for defective verification.
          3023.   Construction of verified pleading.
          3024.   Motion to correct pleadings.
                    (a) Vague or ambiguous pleadings.
                    (b) Scandalous or prejudicial matter.
                    (c) Time limits; pleading after disposition.
          3025.   Amended and supplemental pleadings.
                    (a) Amendments without leave.
                    (b) Amendments and supplemental pleadings by leave.
                    (c) Amendment to conform to the evidence.
                    (d) Responses to amended or supplemental pleadings.
          3026.   Construction.
          3031.   Simplified  procedure   for   court   determination   of
                    disputes--action without pleadings.
          3032.   Contents of statement.
          3033.   Contracts to submit; enforcement of submission.
          3034.   Motion procedure to settle statement terms.
          3035.   Simplified procedure authorized.
                    (a) Implementation and pre-trial.
                    (b) Technical rules of evidence dispensed.
                    (c) Practice.
          3036.   Court determination.
          3037.   Appeal.
          3041.   Bill of particulars in any case.
          3042.   Procedure for bill of particulars.
                    (a) Demand.
                    (b) Amendment.
                    (c) Failure to respond or to comply with a demand.
                    (d) Penalties for refusal to comply.
                    (e) Service of improper or unduly burdensome demands.
          3043.   Bill of particulars in personal injury actions.
                    (a) Specified particulars.
                    (b) Supplemental bill of particulars without leave.
                    (c) Discretion of court.
          3044.   Verification of bill of particulars.
          3045.   Arbitration  of  damages in medical, dental or podiatric
                    malpractice actions.