2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
R3015 - Particularity as to specific matters.


NY CPLR § R3015 (2012) What's This?
 
    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.  A denial of performance or occurrence
  shall be made specifically and  with  particularity.  In  case  of  such
  denial,  the  party  relying upon the performance or occurrence shall be
  required to prove on the trial only such performance  or  occurrence  as
  shall have been so specified.
    (b)  Corporate status. Where any party is a corporation, the complaint
  shall so state and, where known, it shall specify the state, country  or
  government by or under whose laws the party was created.
    (c) Judgment, decision or determination. A judgment, decision or other
  determination  of  a court, judicial or quasi-judicial tribunal, or of a
  board  or  officer,  may  be  pleaded  without  stating  matter  showing
  jurisdiction to render it.
    (d)  Signatures.  Unless  specifically  denied  in  the pleadings each
  signature on a negotiable instrument is admitted.
    (e) License to do business. Where  the  plaintiff's  cause  of  action
  against  a  consumer  arises  from the plaintiff's conduct of a business
  which is required by state or local law to be licensed by the department
  of consumer affairs  of  the  city  of  New  York,  the  Suffolk  county
  department  of  consumer  affairs,  the Westchester county department of
  consumer affairs/weight-measures, the county of Rockland, the county  of
  Putnam  or  the  Nassau  county  department  of  consumer  affairs,  the
  complaint shall allege, as part of the cause of action,  that  plaintiff
  was duly licensed at the time of services rendered and shall contain the
  name  and  number,  if  any, of such license and the governmental agency
  which issued such license; provided, however, that where  the  plaintiff
  does  not have a license at the commencement of the action the plaintiff
  may, subject to the provisions of rule  thirty  hundred  twenty-five  of
  this  article,  amend  the  complaint  with  the  name  and number of an
  after-acquired license or the previously held license, as the  case  may
  be, and the name of the governmental agency which issued such license or
  move   for  leave  to  amend  the  complaint  in  accordance  with  such
  provisions. The failure of the plaintiff to comply with this subdivision
  will permit the defendant to move for dismissal  pursuant  to  paragraph
  seven  of  subdivision  (a)  of  rule  thirty-two hundred eleven of this
  chapter.

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