Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 902
Pleadings; form
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 9
§ 902. Pleadings; form.

(a) All pleadings shall be formal pleadings, as in supreme court
practice, except that:

1. If the plaintiff's cause of action is for money only and the
summons is served by personal delivery to the defendant within the
county, the cause of action may be set forth by indorsement upon the
summons. The indorsement shall consist of a statement of the nature and
substance of the cause of action, and the summons in such instance shall
set forth the amount in which the plaintiff will take judgment in the
event of default. Unless the rules of the court provide otherwise, the
clerk shall make such indorsement for a plaintiff appearing without
attorney.

2. Where such indorsement method has been used, or where the
plaintiff's cause of action is for money only in the amount of $300 or
less, the defendant, if he appears without attorney, may answer by
indorsement of the nature and substance of the answer on, or by
annexation of it to, the summons. Unless the rules of the court provide
otherwise, the clerk shall make such indorsement.

(b) If a formal complaint must be or is used, it shall be served with
the summons, except that if service is made by publication the CPLR
shall govern.

(c) The address of the defendant, and that of his attorney if he shall
appear by attorney, shall be stated with or in the answer.

(d) The rules may provide, in actions for money only in designated
categories in which the plaintiff might otherwise proceed by indorsement
as above provided, that a formal complaint, or a formal answer, or both,
shall be required.

(e) The court in any case may, at any time before judgment, on its own
motion or on the motion on notice of a party, direct the service and
filing of a formal pleading.