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This entry was published on 2019-12-27
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SECTION 3015
Particularity as to specific matters
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
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 county of Rockland, the county of
Putnam, the county of Westchester, 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. 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.