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This entry was published on 2014-09-22
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Remedies and Pleading
Civil Practice Law & Rules (CVP) CHAPTER 8


3001. Declaratory judgment.

3002. Actions and relief not barred for inconsistency.

(a) Action against several persons.

(b) Action against agent and undisclosed principal.

(c) Action for conversion and on contract.

(d) Action on contract and to reform.

(e) Claim for damages and rescission.

(f) Vendee's lien not to depend upon form of action.

3003. Action for periodic payments due under pension or

retirement contract no bar to action for future


3004. Where restoration of benefits before judgment


3005. Relief against mistake of law.

3011. Kinds of pleadings.

3012. Service of pleadings and demand for complaint.

(a) Service of pleadings.

(b) Service of complaint where summons served without


(c) Additional time to serve answer where summons and

complaint not personally delivered to person to

be served within the state.

(d) Extension of time to appear or plead.

3012-a. Certificate of merit in medical, dental and podiatric

malpractice actions.

3012-b. Certificate of merit in certain residential foreclosure


3013. Particularity of statements generally.

3014. Statements.

3015. Particularity as to specific matters.

(a) Conditions precedent.

(b) Corporate status.

(c) Judgment, decision or determination.

(d) Signatures.

(e) License to do business.

3016. Particularity in specific actions.

(a) Libel or slander.

(b) Fraud or mistake.

(c) Separation or divorce.

(d) Judgment.

(e) Law of foreign country.

(f) Sale and delivery of goods or performing of labor

or services.

(g) Personal injury.

(h) Gross negligence or intentional infliction of harm

by certain directors, officers or trustees of

certain corporations, associations,

organizations or trusts.

3017. Demand for relief.

(a) Generally.

(b) Declaratory judgment.

(c) Personal injury or wrongful death actions.

3018. Responsive pleadings.

(a) Denials.

(b) Affirmative defenses.

3019. Counterclaims and cross-claims.

(a) Subject of counterclaims.

(b) Subject of cross-claims.

(c) Counterclaim against trustee or nominal plantiff.

(d) Cause of action in counterclaim or cross-claim

deemed in complaint.

3020. Verification.

(a) Generally.

(b) When answer must be verified.

(c) Defense not involving the merits.

(d) By whom verification made.

3021. Form of affidavit of verification.

3022. Remedy for defective verification.

3023. Construction of verified pleading.

3024. Motion to correct pleadings.

(a) Vague or ambiguous pleadings.

(b) Scandalous or prejudicial matter.

(c) Time limits; pleading after disposition.

3025. Amended and supplemental pleadings.

(a) Amendments without leave.

(b) Amendments and supplemental pleadings by leave.

(c) Amendment to conform to the evidence.

(d) Responses to amended or supplemental pleadings.

3026. Construction.

3031. Simplified procedure for court determination of

disputes--action without pleadings.

3032. Contents of statement.

3033. Contracts to submit; enforcement of submission.

3034. Motion procedure to settle statement terms.

3035. Simplified procedure authorized.

(a) Implementation and pre-trial.

(b) Technical rules of evidence dispensed.

(c) Practice.

3036. Court determination.

3037. Appeal.

3041. Bill of particulars in any case.

3042. Procedure for bill of particulars.

(a) Demand.

(b) Amendment.

(c) Failure to respond or to comply with a demand.

(d) Penalties for refusal to comply.

(e) Service of improper or unduly burdensome demands.

3043. Bill of particulars in personal injury actions.

(a) Specified particulars.

(b) Supplemental bill of particulars without leave.

(c) Discretion of court.

3044. Verification of bill of particulars.

3045. Arbitration of damages in medical, dental or podiatric

malpractice actions.