Legislation

Search OpenLegislation Statutes
This entry was published on 2022-05-13
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.

(j) Consumer credit transactions. In an action arising out of a
consumer credit transaction where a purchaser, borrower or debtor is a
defendant, the contract or other written instrument on which the action
is based shall be attached to the complaint, however, for the purposes
of this section, if the account was a revolving credit account, the
charge-off statement may be attached to the complaint instead of the
contract or other written instrument, and the following information
shall be set forth in the complaint:

(1) The name of the original creditor;

(2) The last four digits of the account number printed on the most
recent monthly statement recording a purchase transaction, last payment
or balance transfer;

(3) The date and amount of the last payment or, if no payment was
made, a statement that the purchaser, borrower or debtor made no payment
on the account;

(4) If the complaint contains a cause of action based on an account
stated, the date on or about which the final statement of account was
provided to the defendant;

(5) (A) Except as provided in subparagraph (B) of this paragraph, an
itemization of the amount sought, by (i) principal; (ii) finance charge
or charges; (iii) fees imposed by the original creditor; (iv) collection
costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and
charges.

(B) If the account was a revolving credit account, an itemization of
the amount sought, by: (i) the total amount of the debt due as of
charge-off; (ii) the total amount of interest accrued since charge-off;
(iii) the total amount of non-interest charges or fees accrued since
charge-off; and (iv) the total amount of payments and/or credits made on
the debt since charge-off;

(6) The account balance printed on the most recent monthly statement
recording a purchase transaction, last payment or balance transfer;

(7) (A) Whether the plaintiff is the original creditor.

(B) If the plaintiff is not the original creditor, the complaint shall
also state (i) the date on which the debt was sold or assigned to the
plaintiff; (ii) the name of each previous owner of the account from the
original creditor to the plaintiff and the date on which the debt was
assigned to that owner by the original creditor or subsequent owner; and
(iii) the amount due at the time of the sale or assignment of the debt
by the original creditor; and

(8) Any matters required to be stated with particularity pursuant to
rule 3015 of this article.