2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 4 - (401 - R411) SPECIAL PROCEEDINGS
405 - Correction of defects in papers.


NY CPLR § 405 (2012) What's This?
 
    § 405. Correction of defects in papers. (a) Motion to correct.  Either
  party  may move to cure a defect or omission in the record, or to strike
  scandalous or prejudicial matter unnecessarily inserted in  a  pleading,
  or  for  a  more  definite  statement of a pleading which is so vague or
  ambiguous that he cannot reasonably be required to frame a response.
    (b) Time limits; pleading after disposition.  A  party  shall  make  a
  motion under this section by serving a notice of motion or order to show
  cause  within  the  time allowed for his responsive pleading. Unless the
  court so orders on motion made without notice on  the  ground  that  the
  party  is  unable  to  plead  until the papers are corrected, the motion
  shall not extend the time for such responsive pleading. If the motion is
  granted, the party  who  made  the  motion  shall  serve  and  file  his
  responsive  pleading  within  five  days  after  service  of the amended
  pleading. If the motion is denied and the time  to  serve  a  responsive
  pleading  has  been  extended,  the  party  shall  serve  and  file  his
  responsive pleading within two days after service of the  order  denying
  the motion with notice of entry, unless the order specifies otherwise. A
  party may re-notice the matter for hearing upon two days' notice.
    (c)  Petitioner's  motion.  The  petitioner  may  raise the objections
  specified in subdivision (a) in his reply or by motion  on  the  day  on
  which the petition has been noticed or re-noticed to be heard.

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