Legislation

Search OpenLegislation Statutes
This entry was published on 2015-10-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3016
Particularity in specific actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
Rule 3016. Particularity in specific actions. (a) Libel or slander. In
an action for libel or slander, the particular words complained of shall
be set forth in the complaint, but their application to the plaintiff
may be stated generally.

(b) Fraud or mistake. Where a cause of action or defense is based upon
misrepresentation, fraud, mistake, wilful default, breach of trust or
undue influence, the circumstances constituting the wrong shall be
stated in detail.

(c) Separation or divorce. In an action for separation or divorce, the
nature and circumstances of a party's alleged misconduct, if any, and
the time and place of each act complained of, if any, shall be specified
in the complaint or counterclaim as the case may be.

(d) Judgment. In an action on a judgment, the complaint shall state
the extent to which any judgment recovered by the plaintiff against the
defendant, or against a person jointly liable with the defendant, on the
same cause of action has been satisfied.

(e) Law of foreign country. Where a cause of action or defense is
based upon the law of a foreign country or its political subdivision,
the substance of the foreign law relied upon shall be stated.

(f) Sale and delivery of goods or performing of labor or services. In
an action involving the sale and delivery of goods, or the performing of
labor or services, or the furnishing of materials, the plaintiff may set
forth and number in his verified complaint the items of his claim and
the reasonable value or agreed price of each. Thereupon the defendant by
his verified answer shall indicate specifically those items he disputes
and whether in respect of delivery or performance, reasonable value or
agreed price.

(g) Personal injury. In an action designated in subsection (a) of
section five thousand one hundred four of the insurance law, for
personal injuries arising out of negligence in the use or operation of a
motor vehicle in this state, the complaint shall state that the
plaintiff has sustained a serious injury, as defined in subsection (d)
of section five thousand one hundred two of the insurance law, or
economic loss greater than basic economic loss, as defined in subsection
(a) of section five thousand one hundred two of the insurance law.

(h) Gross negligence or intentional infliction of harm by certain
directors, officers or trustees of certain corporations, associations,
organizations or trusts. In an action or proceeding based upon the
conduct of a director, officer or trustee described in section seven
hundred twenty-a of the not-for-profit corporation law or subdivision
six of section 20.09 of the arts and cultural affairs law, the complaint
shall be verified and shall state whether or not said complaint is based
upon gross negligence or intentional infliction of harm.

(i) Privacy of name in certain legal challenges to college/university
disciplinary findings. In any proceeding brought against a college or
university that is chartered by the regents or incorporated by special
act of the legislature, which proceeding seeks to vacate or modify a
finding that a student was responsible for a violation of college or
university rules regarding a violation covered by article one hundred
twenty-nine-B of the education law, the name and identifying
biographical information of any student shall be presumptively
confidential and shall not be included in the pleadings and other papers
from such proceeding absent a waiver or cause shown as determined by the
court. Such witnesses shall be identified only as numbered witnesses. If
such a name or identifying biographical information appears in a
pleading or paper filed in such a proceeding, the court, absent such a
waiver or cause shown, shall direct the clerk of the court to redact
such name and identifying biographical information and so advise the
parties.