2018 New York Laws
CVP - Civil Practice Law and Rules
Article 30 - Remedies and Pleading
3017 - Demand for Relief.

Universal Citation: NY CPLR 3017 (2018)
§  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 for the relief  to  which  the  pleader  deems  himself
  entitled. Relief in the alternative or of several different types may be
  demanded.  Except  as  provided in section 3215, the court may grant any
  type of relief within its jurisdiction appropriate to the proof  whether
  or not demanded, imposing such terms as may be just.

(b) Declaratory judgment. In an action for a declaratory judgment, the demand for relief in the complaint shall specify the rights and other legal relations on which a declaration is requested and state whether further or consequential relief is or could be claimed and the nature and extent of any such relief which is claimed.

(c) Personal injury or wrongful death actions. In an action to recover damages for personal injuries or wrongful death, the complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a prayer for general relief but shall not state the amount of damages to which the pleader deems himself entitled. If the action is brought in the supreme court, the pleading shall also state whether or not the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Provided, however, that a party against whom an action to recover damages for personal injuries or wrongful death is brought, may at any time request a supplemental demand setting forth the total damages to which the pleader deems himself entitled. A supplemental demand shall be provided by the party bringing the action within fifteen days of the request. In the event the supplemental demand is not served within fifteen days, the court, on motion, may order that it be served. A supplemental demand served pursuant to this subdivision shall be treated in all respects as a demand made pursuant to subdivision (a) of this section.


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