2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3019 - Counterclaims and cross-claims.

 
    §  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 represents against one or more
  plaintiffs, a person whom a plaintiff  represents  or  a  plaintiff  and
  other persons alleged to be liable.
    (b)  Subject of cross-claims. A cross-claim may be any cause of action
  in favor of one  or  more  defendants  or  a  person  whom  a  defendant
  represents  against  one  or  more defendants, a person whom a defendant
  represents or a defendant and other persons  alleged  to  be  liable.  A
  cross-claim  may  include  a  claim  that  the  party against whom it is
  asserted is or may be liable to the cross-claimant for all or part of  a
  claim asserted in the action against the cross-claimant.
    (c)  Counterclaim  against  trustee or nominal plaintiff. In an action
  brought by a trustee or in the name of a plaintiff  who  has  no  actual
  interest  in  the contract upon which it is founded, a claim against the
  plaintiff shall not be allowed as a counterclaim, but a  claim  existing
  against  the  person  beneficially  interested  shall  be  allowed  as a
  counterclaim to the extent of the plaintiff's claim, if  it  might  have
  been  so  allowed  in  an  action  brought  by  the  person beneficially
  interested.
    (d)  Cause  of  action  in  counterclaim  or  cross-claim  deemed   in
  complaint.   A  cause  of  action  contained  in  a  counterclaim  or  a
  cross-claim shall be treated, as far  as  practicable,  as  if  it  were
  contained  in  a  complaint,  except  that  separate  process,  trial or
  judgment may not be had unless the court so orders. Where a person not a
  party is alleged to be  liable  a  summons  and  answer  containing  the
  counterclaim  or  cross-claim  shall be filed, whereupon he or she shall
  become a defendant. Service upon such a defendant shall be by serving  a
  summons  and  answer  containing  the  counterclaim or cross-claim. Such
  defendant shall serve a reply or answer as if he or she were  originally
  a party.