New York Civil Practice Law and Rules
CPLR · 816 active provisions across 75 Articles
The Civil Practice Law and Rules governs procedure in every civil case in every New York court, from jurisdiction and service through judgments, enforcement and appeals. The Legislature enacted it as Chapter 8 of the Consolidated Laws, effective September 1, 1963. Each provision is designated either a Rule or a Section, but practice cites both the same way — bare “CPLR” and the number. All 75 Articles are complete.
Article 1. Short Title; Applicability and Definitions
7 provisions
Article 2. Limitations of Time
36 provisions
- § 201 Application of article.
- § 202 Cause of action accruing without the state.
- § 203 Method of computing periods of limitation generally.
- § 204 Stay of commencement of action; demand for arbitration.
- § 205 Termination of action.
- § 205-a Termination of certain actions related to real property.
- § 206 Computing periods of limitation in particular actions.
- § 207 Defendant’s absence from state or residence under false name.
- § 208 Infancy, insanity.
- § 208-a In custody at time of cause of action.
- § 209 War.
- § 210 Death of claimant or person liable; cause of action accruing after death and before grant of letters.
- § 211 Actions to be commenced within twenty years.
- § 212 Actions to be commenced within ten or fifteen years.
- § 213 Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
- § 213-a Residential rent overcharge.
- § 213-b Action by a victim of a criminal offense
- § 213-c Action by victim of conduct constituting certain sexual offenses.
- § 213-d Actions to be commenced within three years; medical debt
- § 214 Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud.
- § 214-a Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions.
- § 214-b Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides.
- § 214-c Certain actions to be commenced within three years of discovery.
- § 214-d Limitations on certain actions against licensed engineers and architects.
- § 214-e Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human immunodeficiency virus (HIV) and/or AIDS
- § 214-f Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site
- § 214-g Certain child sexual abuse cases.
- § 214-h Certain actions by public water suppliers to recover damages for injury to property.
- § 214-i [There are two § 214-i] Certain actions arising out of consumer credit transactions to be commenced within three years.
- § 214-i-B [There are two § 214-i] Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits.
- § 214-j Certain sexual offense actions.
- § 215 Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award.
- § 216 Abbreviation of period to one year after notice.
- § 217 Proceeding against body or officer; actions complaining about conduct that would constitute a union’s breach of its duty of fair representation; four months.
- § 217-a Actions to be commenced within one year and ninety days
- § 218 Transitional provisions.
Article 3. Jurisdiction and Service, Appearance and Choice of Court
32 provisions
- § 301 Jurisdiction over persons, property or status.
- § 302 Personal jurisdiction by acts of non-domiciliaries.
- § 303 Designation of attorney as agent for service.
- § 304 Method of commencing action or special proceeding.
- R 305 Summons; supplemental summons, amendment.
- R 306 Proof of service.
- § 306-a Index number in an action or proceeding commenced in supreme or county court.
- § 306-b Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause.
- § 306-c Notice of commencement of action for personal injuries by recipient of medical assistance
- § 306-d Additional mailing of notice in an action arising out of a consumer credit transaction.
- § 307 Personal service upon the state.
- § 308 Personal service upon a natural person.
- § 309 Personal service upon an infant, incompetent or conservatee.
- § 310 Personal service upon a partnership.
- § 310-a Personal service upon a limited partnership
- § 311 Personal service upon a corporation or governmental subdivision.
- § 311-a Personal service on limited liability companies.
- § 312 Personal service upon a court, board or commission.
- § 312-a Personal service by mail.
- § 313 Service without the state giving personal jurisdiction.
- § 314 Service without the state not giving personal jurisdiction in certain actions.
- § 315 Service by publication authorized.
- R 316 Service by publication.
- § 317 Defense by person to whom summons not personally delivered.
- R 318 Designation of agent for service.
- R 320 Defendant’s appearance.
- § 321 Attorneys.
- R 322 Authority for appearance of attorney in real property action.
- § 325 Grounds for removal.
- R 326 Procedure on removal.
- R 327 Inconvenient forum.
- R 328 Assistance to tribunals and litigants outside the state.
Article 3-A. Conflict of Law in Actions Related to Legally Protected Health Activity
1 provision
Article 4. Special Proceedings
11 provisions
Article 5. Venue
15 provisions
- § 501 Contractual provisions fixing venue.
- § 502 Conflicting venue provisions
- § 503 Venue based on residence.
- § 504 Actions against counties, cities, towns, villages, school districts and district corporations
- § 505 Actions involving public authorities
- § 506 Where special proceeding commenced.
- § 507 Real property actions
- § 508 Actions to recover a chattel
- § 509 Venue in county designated.
- § 510 Grounds for change of place of trial.
- R 511 Change of place of trial.
- R 512 Change of place of trial of action or issue triable without a jury.
- § 513 Misplacement of venue in consumer credit transactions
- § 514 Actions relating to consumer goods.
- R 515 Venue in matrimonial actions.
Article 6. Joinder of Claims, Consolidation and Severance
4 provisions
Article 9. Class Actions
9 provisions
- § 901 Prerequisites to a class action.
- § 902 Order allowing class action
- § 903 Description of class
- § 904 Notice of class action
- § 905 Judgment
- § 906 Actions conducted partially as class actions
- R 907 Orders in conduct of class actions
- R 908 Dismissal, discontinuance or compromise
- R 909 Attorneys’ fees
Article 10. Parties Generally
25 of 26 provisions active (1 repealed)
- § 1001 Necessary joinder of parties
- § 1002 Permissive joinder of parties
- § 1003 Nonjoinder and misjoinder of parties.
- § 1004 When joinder unnecessary.
- § 1005 Repealed
- § 1006 Interpleader.
- § 1007 When third-party practice allowed.
- § 1008 Answer of third-party defendant; defenses
- R 1009 Claim by plaintiff against third-party defendant.
- R 1010 Dismissal or separate trial of third-party complaint.
- R 1011 Successive third-party proceedings; counterclaims
- § 1012 Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue.
- § 1013 Intervention by permission
- § 1014 Proposed intervention pleading
- § 1015 Substitution upon death.
- § 1016 Substitution of committee or conservator
- § 1017 Substitution in case of receivership or dissolution of a corporation
- § 1018 Substitution upon transfer of interest
- § 1019 Substitution of public officers
- § 1020 Substitution of indemnitors for executing or attaching officer
- § 1021 Substitution procedure; dismissal for failure to substitute; presentation of appeal.
- § 1022 Substitution: extension of time for taking procedural steps
- § 1023 Public body or officer described by official title
- § 1024 Unknown parties.
- § 1025 Partnerships and unincorporated associations
- § 1026 Review of determinations by administrative officers of the unified court system
Article 11. Waiver of Costs, Fees, and Expenses
3 provisions
- § 1101 Motion to waive costs, fees, and expenses; affidavit or affirmation; certificate; notice; when motion not required.
- § 1102 Privileges of party with insufficient means to pay costs, fees, and expenses in an action or on appeal.
- § 1103 Distribution of recovery in favor of party with insufficient means to pay costs, fees, and expenses.
Article 12. Infants, Incompetents and Conservatees
11 provisions
- § 1201 Representation of infant, incompetent person, or conservatee
- R 1202 Appointment of guardian ad litem.
- § 1203 Default judgment
- § 1204 Compensation of guardian ad litem.
- § 1205 Liability for costs of infant, judicially declared incompetent, or conservatee, or representative
- § 1206 Disposition of proceeds of claim of infant, judicially declared incompetent or conservatee
- § 1207 Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice; order of settlement
- R 1208 Settlement procedure; papers; representation
- § 1209 Arbitration of controversy involving infant, judicially declared incompetent or conservatee.
- R 1210 Guardian of infant.
- R 1211 Allowance for infant’s support
Article 13. Actions by the State
3 provisions
Article 13-A. Proceeds of Crime—forfeiture
45 provisions
- § 1310 Definitions.
- § 1311 Forfeiture actions
- § 1311-a Subpoena duces tecum
- § 1311-b Money judgment.
- § 1312 Provisional remedies; generally.
- § 1313 Debt or property subject to attachment; proper garnishee
- § 1314 Attaching creditor’s rights in personal property
- § 1315 Discharge of garnishee’s obligation
- § 1316 Order of attachment on notice; temporary restraining order; contents
- § 1317 Order of attachment without notice
- § 1318 Motion papers; filing; demand; damages
- § 1319 Service of summons
- § 1320 Levy upon personal property by service of order
- § 1321 Levy upon personal property by seizure
- § 1322 Levy upon real property
- § 1323 Additional undertaking to carrier garnishee
- § 1324 Claiming agent’s duties after levy
- § 1325 Garnishee’s statement
- § 1326 Disclosure
- § 1327 Proceedings to determine adverse claims
- § 1328 Discharge of attachment
- § 1329 Vacating or modifying attachment
- § 1330 Annulment of attachment
- § 1331 Return of property; directions to clerk and claiming agent
- § 1332 Disposition of attachment property after execution issued; priority of orders of attachment
- § 1333 Grounds for preliminary injunction and temporary restraining order
- § 1334 Motion papers
- § 1335 Temporary restraining order
- § 1336 Vacating or modifying preliminary injunction or temporary restraining order
- § 1337 Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order
- § 1338 Appointment and powers of temporary receiver
- § 1339 Oath
- § 1340 Undertaking
- § 1341 Accounts
- § 1342 Removal
- § 1343 Notice of pendency; constructive notice
- § 1344 Filing, content and indexing of notice of pendency
- § 1345 Service of summons
- § 1346 Duration of notice of pendency
- § 1347 Motion for cancellation of notice of pendency
- § 1348 Undertaking for cancellation of notice of pendency
- § 1349 Disposal of property
- § 1350 Rules of procedure; in general
- § 1351 Application of article
- § 1352 Preservation of other rights and remedies.
Article 13-B. Civil Remedies; Enterprise Corruption
3 provisions
Article 14. Contribution
4 provisions
Article 14-A. Damage Actions: Effect of Contributory Negligence and Assumption of Risk
3 provisions
Article 15. Actions Against Persons Jointly Liable
2 provisions
Article 16. Limited Liability of Persons Jointly Liable
4 provisions
Article 20. Mistakes, Defects, Irregularities and Extensions of Time
5 provisions
Article 21. Papers
7 provisions
Article 21-A. Filing of Papers in the Courts by Facsimile Transmission and by Electronic means
3 provisions
Article 22. Stay, Motions, Orders and Mandates
13 of 14 provisions active (1 repealed)
- § 2201 Stay
- § 2211 Application for order; when motion made
- § 2212 Where motion made, in supreme court action.
- § 2213 Where motion made, in county court action
- R 2214 Motion papers; service; time.
- R 2215 Relief demanded by other than moving party.
- R 2216 Repealed
- R 2217 Prior motion; ex parte motion; transfer of motion
- § 2218 Trial of issue raised on motion
- R 2219 Time and form of order.
- R 2220 Entry and filing of order; service.
- R 2221 Motion affecting prior order.
- R 2222 Docketing order as judgment.
- R 2223 Duties of officer receiving mandate.
Article 23. Subpoenas, Oaths and Affirmations
10 of 11 provisions active (1 repealed)
- § 2301 Scope of subpoena.
- § 2302 Authority to issue.
- § 2303 Service of subpoena; payment of fees in advance.
- § 2303-a Service of a trial subpoena
- § 2304 Motion to quash, fix conditions or modify.
- § 2305 Attendance required pursuant to subpoena; possession of books, records, documents or papers.
- § 2306 Hospital records; medical records of department or bureau of a municipal corporation or of the state
- § 2307 Books, papers and other things of a library, department or bureau of a municipal corporation or of the state.
- § 2308 Disobedience of subpoena.
- § 2309 Oaths and affirmations
- § 2310 Repealed
Article 24. Publication
2 provisions
Article 25. Undertakings
13 provisions
- § 2501 Undertaking; definition.
- § 2502 Surety; form of affidavit; two or more undertakings; condition; acknowledgment
- § 2503 Undertaking of more than one thousand dollars; real property; lien
- § 2504 Waiver of undertaking; removal and change of parties.
- § 2505 Filing of undertaking; service upon adverse party; time when effective
- § 2506 Exception to surety; allowance where no exception taken
- § 2507 Justification of surety
- § 2508 Motion for new or additional undertaking
- § 2509 Control of assets by agreement with surety
- § 2510 Discharge of surety on the undertaking of a fiduciary
- § 2511 Liability of surety
- § 2512 Undertaking by the state, municipal corporation or public officer
- § 2513 Action on undertaking to a public officer, board or municipal corporation
Article 26. Property Paid Into Court
9 provisions
- § 2601 Payment of money or securities into court
- § 2602 Payment into court of property other than money or securities; deposit with warehouse or safe deposit company
- § 2603 Cost of administration of property paid into court
- § 2604 Calculation of gross sum in lieu of income
- R 2605 Duties of depositories
- R 2606 Obtaining order for payment out of court
- R 2607 Payment of property paid into court
- § 2608 Liability of custodian
- R 2609 Deposit by referee appointed to sell property
Article 27. Disposition of Property in Litigation
3 provisions
Article 30. Remedies and Pleading
35 provisions
- § 3001 Declaratory judgment
- § 3002 Actions and relief not barred for inconsistency.
- § 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments
- § 3004 Where restoration of benefits before judgment unnecessary
- § 3005 Relief against mistake of law
- § 3011 Kinds of pleadings.
- § 3012 Service of pleadings and demand for complaint.
- § 3012-a Certificate of merit in medical, dental and podiatric malpractice actions.
- § 3012-b Certificate of merit in certain residential foreclosure actions
- § 3013 Particularity of statements generally.
- R 3014 Statements.
- R 3015 Particularity as to specific matters.
- R 3016 Particularity in specific actions.
- § 3017 Demand for relief.
- § 3018 Responsive pleadings.
- § 3019 Counterclaims and cross-claims.
- § 3020 Verification.
- R 3021 Form of affidavit of verification
- R 3022 Remedy for defective verification
- R 3023 Construction of verified pleading
- R 3024 Motion to correct pleadings
- R 3025 Amended and supplemental pleadings.
- § 3026 Construction
- § 3031 Simplified procedure for court determination of disputes—action without pleadings
- R 3032 Contents of statement
- § 3033 Contracts to submit; enforcement of submission
- R 3034 Motion procedure to settle statement terms
- § 3035 Simplified procedure authorized
- R 3036 Court determination
- § 3037 Appeal
- § 3041 Bill of particulars in any case.
- R 3042 Procedure for bill of particulars
- R 3043 Bill of particulars in personal injury actions
- § 3044 Verification of bill of particulars
- § 3045 Arbitration of damages in medical, dental or podiatric malpractice actions.
Article 31. Disclosure
33 of 34 provisions active (1 repealed)
- § 3101 Scope of disclosure.
- § 3102 Method of obtaining disclosure.
- § 3103 Protective orders.
- § 3104 Supervision of disclosure.
- R 3105 Notice to party in default.
- R 3106 Priority of depositions; witnesses; prisoners; designation of deponent.
- R 3107 Notice of taking oral questions.
- R 3108 Written questions; when permitted
- R 3109 Notice of taking deposition on written questions
- R 3110 Where the deposition is to be taken within the state
- R 3111 Production of things at the examination.
- R 3112 Errors in notice for taking depositions
- R 3113 Conduct of the examination.
- R 3114 Examination of witness who does not understand the English language
- R 3115 Objections to qualification of person taking deposition; competency; questions and answers.
- R 3116 Signing deposition; physical preparation; copies.
- R 3117 Use of depositions
- R 3118 Demand for address of party or of person who possessed an assigned cause of action or defense
- § 3119 Uniform interstate depositions and discovery.
- R 3120 Discovery and production of documents and things for inspection, testing, copying or photographing.
- § 3121 Physical or mental examination.
- R 3122 Objection to disclosure, inspection or examination; compliance.
- R 3122-a Certification of business records.
- § 3122-b Certification of insurance disclosure.
- § 3123 Admissions as to matters of fact, papers, documents and photographs.
- R 3124 Failure to disclose; motion to compel disclosure.
- R 3125 Place where motion to compel disclosure made
- § 3126 Penalties for refusal to comply with order or to disclose.
- § 3130 Use of interrogatories.
- § 3131 Scope of interrogatories
- R 3132 Service of interrogatories
- R 3133 Service of answers or objections to interrogatories
- R 3134 Repealed
- § 3140 Disclosure of appraisals in proceedings for condemnation, appropriation or review of tax assessments
Article 32. Accelerated Judgment
13 provisions
- § 3201 Confession of judgment before default on certain installment contracts invalid
- R 3211 Motion to dismiss.
- R 3212 Motion for summary judgment.
- § 3213 Motion for summary judgment in lieu of complaint.
- R 3214 Motions heard by judge supervising disclosure; stay of disclosure.
- § 3215 Default judgment.
- R 3216 Want of prosecution.
- R 3217 Voluntary discontinuance.
- § 3218 Judgment by confession.
- R 3219 Tender.
- R 3220 Offer to liquidate damages conditionally
- R 3221 Offer to compromise
- R 3222 Action on submitted facts.
Article 34. Calendar Practice; Trial Preferences
10 provisions
- R 3401 Rules for the hearing of causes
- R 3402 Note of issue.
- R 3403 Trial preferences.
- R 3404 Dismissal of abandoned cases.
- R 3405 Arbitration of certain claims
- R 3406 Mandatory filing and pre-calendar conference in dental, podiatric and medical malpractice actions
- R 3407 Preliminary conference in personal injury actions involving certain terminally ill parties
- R 3408 Mandatory settlement conference in residential foreclosure actions.
- R 3409 Settlement conference in dental, podiatric and medical malpractice actions
- R 3410 Face-to-face meeting for foreclosure of reverse cooperative apartment unit loans.
Article 40. Trial Generally
10 of 11 provisions active (1 repealed)
- § 4001 Powers of referees
- § 4010 Repealed
- R 4011 Sequence of trial
- R 4012 Marked pleadings furnished
- R 4013 Trial elsewhere than at courthouse
- R 4014 Duration of trial
- R 4015 Time for motion for referee or advisory jury
- R 4016 Opening and closing statements
- § 4017 Objections
- R 4018 Increased damages
- R 4019 Recording in camera interviews of infants
Article 41. Trial by a Jury
16 provisions
- § 4101 Issues triable by a jury revealed before trial
- § 4102 Demand and waiver of trial by jury; specification of issues
- § 4103 Issues triable by a jury revealed at trial; demand and waiver of trial by jury
- § 4104 Number of jurors
- § 4105 Persons who constitute the jury
- § 4106 Alternate jurors
- R 4107 Judge present at examination of jurors
- § 4108 Challenges generally
- § 4109 Peremptory challenges
- § 4110 Challenges for cause
- § 4110-a Competency of inhabitants as justices or jurors; undertakings not required of village
- § 4110-b Instructions to jury; objection.
- § 4110-c Trial jury; viewing of premises
- R 4111 General and special verdicts and written interrogatories
- R 4112 Entry of verdict
- § 4113 Disagreement by jury
Article 42. Trial by the Court
4 provisions
Article 43. Trial by a Referee
12 provisions
- § 4301 Powers of referee to determine.
- R 4311 Order of reference.
- R 4312 Number of referees; qualifications.
- R 4313 Notice.
- R 4314 Successor referee.
- R 4315 Referee to be sworn.
- R 4316 Procedure where more than one referee.
- § 4317 When reference to determine may be used.
- § 4318 Conduct of trial.
- § 4319 Decision.
- § 4320 Reference to report.
- R 4321 Fees and expenses.
Article 44. Trial Motions
7 provisions
- R 4401 Motion for judgment during trial
- § 4401-a Motion for judgment
- R 4402 Motion for continuance or new trial during trial
- R 4403 Motion for new trial or to confirm or reject or grant other relief after reference to report or verdict of advisory jury
- R 4404 Post-trial motion for judgment and new trial
- R 4405 Time and judge before whom post-trial motion made
- R 4406 Single post-trial motion
Article 45. Evidence
56 of 57 provisions active (1 repealed)
- § 4501 Self-incrimination
- § 4502 Spouse.
- § 4503 Attorney.
- § 4504 Physician, dentist, podiatrist, chiropractor and nurse.
- § 4505 Confidential communication to clergy privileged.
- § 4506 Eavesdropping evidence; admissibility; motion to suppress in certain cases
- § 4507 Psychologist
- § 4508 Social worker
- § 4509 Library records
- § 4510 Rape crisis counselor or domestic violence advocate.
- R 4511 Judicial notice of law.
- § 4512 Competency of interested witness or spouse
- § 4513 Competency of person convicted of crime
- R 4514 Impeachment of witness by prior inconsistent statement
- R 4515 Form of expert opinion
- R 4516 Proof of age of child
- R 4517 Prior testimony in a civil action
- R 4518 Business records.
- § 4519 Personal transaction or communication between witness and decedent or person with a mental illness.
- § 4519-a Possession of opioid antagonists; receipt into evidence.
- R 4520 Certificate or affidavit of public officer.
- R 4521 Lack of record
- R 4522 Ancient filed maps, surveys and records affecting real property.
- R 4523 Search by title insurance or abstract company
- R 4524 Conveyance of real property without the state
- R 4525 Copies of statements under article nine of the uniform commercial code
- R 4526 Marriage certificate
- § 4527 Death or other status of missing person
- R 4528 Weather conditions.
- R 4529 Inspection certificate issued by United States department of agriculture
- § 4530 Certificate of population
- R 4531 Affidavit of service or posting notice by person unavailable at trial
- R 4532 Self-authentication of newspapers and periodicals of general circulation
- R 4532-a Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
- § 4532-b [Admissibility of information from web mapping service, global satellite imaging site or internet mapping tool]
- R 4533 Market reports.
- R 4533-a Prima facie proof of damages.
- R 4533-b Proof of payment by joint tort-feasor
- R 4534 Standard of measurement used by surveyor
- § 4535 Repealed
- R 4536 Proof of writing by comparison of handwriting.
- § 4537 Proof of writing subscribed by witness
- R 4538 Acknowledged, proved or certified writing; conveyance of real property without the state.
- R 4539 Reproductions of original
- R 4540 Authentication of official record of court or government office in the United States.
- R 4540-a Presumption of authenticity based on a party’s production of material authored or otherwise created by the party.
- R 4541 Proof of proceedings before justice of the peace.
- R 4542 Proof of foreign records and documents
- § 4543 Proof of facts or writing by methods other than those authorized in this article.
- § 4544 Contracts in small print.
- § 4545 Admissibility of collateral source of payment
- § 4546 Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice.
- § 4547 Compromise and offers to compromise.
- § 4548 Privileged communications; electronic communication thereof.
- § 4549 Admissibility of an opposing party’s statement.
- § 4550 Admissibility of evidence related to legally protected health activity.
- R 4551 New York voting and elections database.
Article 50. Judgments Generally
18 provisions
- § 5001 Interest to verdict, report or decision.
- § 5002 Interest from verdict, report or decision to judgment.
- § 5003 Interest upon judgment.
- § 5003-a Prompt payment following settlement.
- § 5003-b Nondisclosure agreements.
- § 5004 Rate of interest.
- § 5011 Definition and content of judgment.
- R 5012 Judgment upon part of cause of action; upon several causes
- R 5013 Effect of judgment dismissing claim.
- § 5014 Action upon judgment
- R 5015 Relief from judgment or order.
- R 5016 Entry of judgment.
- R 5017 Judgment-roll.
- § 5018 Docketing of judgment.
- § 5019 Validity and correction of judgment or order; amendment of docket
- § 5020 Satisfaction-piece.
- § 5020-a Payment of judgment in certain cases.
- § 5021 Entry of satisfaction.
Article 50-A. Periodic Payment of Judgments in Medical and Dental Malpractice Actions
8 of 9 provisions active (1 repealed)
- § 5031 Basis for determining judgment to be entered.
- § 5032 Form of security.
- § 5033 Posting and maintaining security.
- § 5034 Failure to make payment.
- § 5035 Repealed
- § 5036 Adjustment of payments.
- § 5037 Settlements.
- § 5038 Assignment of periodic installments.
- § 5039 Duties of superintendent of financial services.
Article 50-B. Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions
9 provisions
- § 5041 Basis for determining judgment to be entered.
- § 5042 Form of security.
- § 5043 Posting and maintaining security.
- § 5044 Failure to make payment.
- § 5045 Effect of death of judgment creditor.
- § 5046 Adjustment of payments.
- § 5047 Settlements.
- § 5048 Assignment of periodic installments.
- § 5049 Duties of superintendent of financial services.
Article 51. Enforcement of Judgments and Orders Generally
7 provisions
- § 5101 Enforcement of money judgment or order
- § 5102 Enforcement of judgment or order awarding possession of real property or a chattel
- § 5103 Enforcement of judgment or order directing sale of real property.
- § 5104 Enforcement of judgment or order by contempt.
- § 5105 Alternative enforcement of judgment or order.
- § 5106 Appointment of receiver.
- § 5107 Conveyance by sheriff.
Article 52. Enforcement of Money Judgments
38 provisions
- § 5201 Debt or property subject to enforcement; proper garnishee.
- § 5202 Judgment creditor’s rights in personal property.
- § 5203 Priorities and liens upon real property.
- § 5204 Release of lien or levy upon appeal.
- § 5205 Personal property exempt from application to the satisfaction of money judgments.
- § 5206 Real property exempt from application to the satisfaction of money judgments.
- § 5207 Enforcement involving the state.
- § 5208 Enforcement after death of judgment debtor; leave of court; extension of lien.
- § 5209 Discharge of garnishee’s obligation.
- § 5210 Power of court to punish for contempt.
- § 5211 Privilege on examination; immunity.
- § 5221 Where enforcement proceeding commenced.
- § 5222 Restraining notice.
- § 5222-a Service of notices and forms and procedure for claim of exemption.
- § 5223 Disclosure.
- R 5224 Subpoena; procedure.
- § 5225 Payment or delivery of property of judgment debtor.
- § 5226 Installment payment order.
- § 5227 Payment of debts owed to judgment debtor.
- § 5228 Receivers.
- § 5229 Enforcement before judgment entered.
- § 5230 Executions.
- § 5231 Income execution.
- § 5232 Levy upon personal property.
- § 5233 Sale of personal property.
- § 5234 Distribution of proceeds of personal property; priorities.
- § 5235 Levy upon real property.
- § 5236 Sale of real property.
- § 5237 Failure of title to property sold.
- § 5238 Directions to the sheriff.
- § 5239 Proceeding to determine adverse claims.
- § 5240 Modification or protective order; supervision of enforcement.
- § 5241 Income execution for support enforcement.
- § 5242 Income deduction order for support enforcement.
- § 5250 Arrest of judgment debtor.
- § 5251 Disobedience of subpoena, restraining notice or order; false swearing; destroying notice of sale.
- § 5252 Discrimination against employees and prospective employees based upon wage assignment or income execution.
- § 5253 Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in bankruptcy
Article 53. Recognition of Foreign Country Money Judgments
10 provisions
- § 5300 Citation.
- § 5301 Definitions.
- § 5302 Applicability.
- § 5303 Recognition enforcement, and proceedings.
- § 5304 Grounds for non-recognition.
- § 5305 Personal jurisdiction.
- § 5306 Stay of a proceeding pending appeal of a foreign country judgment.
- § 5307 Effect of recognition.
- § 5308 Uniformity of interpretation.
- § 5309 Citation [Renumbered]
Article 54. Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article
8 provisions
Article 55. Appeals Generally
23 provisions
- § 5501 Scope of review.
- § 5511 Permissible appellant and respondent.
- § 5512 Appealable paper; entry of order made out of court.
- § 5513 Time to take appeal, cross-appeal or move for permission to appeal.
- § 5514 Extension of time to take appeal or to move for permission to appeal.
- § 5515 Taking an appeal; notice of appeal.
- R 5516 Motion for permission to appeal.
- § 5517 Subsequent orders.
- § 5518 Preliminary injunction or temporary restraining order by appellate division.
- § 5519 Stay of enforcement.
- § 5520 Omissions; appeal by improper method.
- R 5521 Preferences.
- R 5522 Disposition of appeal.
- § 5523 Restitution.
- R 5524 Entry of order; remittitur and further proceedings.
- R 5525 Preparation and settlement of transcript; statement in lieu of transcript.
- R 5526 Content and form of record on appeal.
- R 5527 Statement in lieu of record on appeal.
- R 5528 Content of briefs and appendices.
- R 5529 Form of briefs and appendices.
- R 5530 Filing record and briefs; service of briefs.
- R 5531 Description of action.
- R 5532 Stipulation in lieu of certification.
Article 56. Appeals to the Court of Appeals
7 provisions
- § 5601 Appeals to the court of appeals as of right.
- § 5602 Appeals to the court of appeals by permission.
- § 5611 When appellate division order deemed final.
- § 5612 Presumptions as to determinations of questions of fact.
- § 5613 Disposition upon reversal or modification.
- § 5614 Disposition upon certified questions.
- § 5615 Disposition upon appeal from order granting new trial or hearing.
Article 57. Appeals to the Appellate Division
7 provisions
- § 5701 Appeals to appellate division from supreme and county courts.
- § 5702 Appeals to appellate division from other courts of original instance.
- § 5703 Appeals to appellate division from appellate courts.
- § 5704 Review of ex parte orders.
- § 5711 Where appeal heard.
- § 5712 Content of order determining appeal.
- § 5713 Content of order granting permission to appeal to court of appeals.
Article 60. Provisional Remedies Generally
1 provision
Article 61. [Repealed]
0 of 11 provisions active (11 repealed)
- § 6101 Repealed
- § 6102 Repealed
- § 6111 Repealed
- R 6112 Repealed
- R 6113 Repealed
- R 6114 Repealed
- § 6115 Repealed
- § 6116 Repealed
- § 6117 Repealed
- § 6118 Repealed
- § 6119 Repealed
Article 62. Attachment
22 provisions
- § 6201 Grounds for attachment.
- § 6202 Debt or property subject to attachment; proper garnishee.
- § 6203 Attaching creditor’s rights in personal property.
- § 6204 Discharge of garnishee’s obligation.
- § 6205 Order of attachment in certain cases.
- § 6210 Order of attachment on notice; temporary restraining order; contents.
- § 6211 Order of attachment without notice.
- R 6212 Motion papers; undertaking; filing; demand; damages.
- § 6213 Service of summons
- § 6214 Levy upon personal property by service of order.
- § 6215 Levy upon personal property by seizure.
- § 6216 Levy upon real property.
- § 6217 Additional undertaking to carrier garnishee.
- § 6218 Sheriff’s duties after levy.
- § 6219 Garnishee’s statement.
- § 6220 Disclosure.
- § 6221 Proceedings to determine adverse claims.
- § 6222 Discharge of attachment
- § 6223 Vacating or modifying attachment.
- § 6224 Annulment of attachment.
- § 6225 Return of property; directions to clerk and sheriff.
- § 6226 Disposition of attached property after execution issued; priority of orders of attachment.
Article 63. Injunction
7 provisions
- § 6301 Grounds for preliminary injunction and temporary restraining order.
- § 6311 Preliminary injunction.
- R 6312 Motion papers; undertaking; issues of fact.
- § 6313 Temporary restraining order.
- § 6314 Vacating or modifying preliminary injunction or temporary restraining order.
- § 6315 Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order.
- § 6330 Obscene prints and articles; jurisdiction.
Article 63-A. Extreme Risk Protection Orders
9 provisions
- § 6340 Definitions.
- § 6341 Application for an extreme risk protection order.
- § 6342 Issuance of a temporary extreme risk protection order.
- § 6343 Issuance of a final extreme risk protection order.
- § 6344 Surrender and removal of firearms, rifles and shotguns pursuant to an extreme risk protection order.
- § 6345 Request for renewal of an extreme risk protection order.
- § 6346 Expiration of an extreme risk protection order.
- § 6347 Effect of findings and determinations in subsequent proceedings.
- § 6348 Protections for health care providers applying for an extreme risk protection order.
Article 64. Receivership
5 provisions
Article 65. Notice of Pendency
7 provisions
- § 6501 Notice of pendency; constructive notice.
- R 6511 Filing, content and indexing of notice of pendency.
- § 6512 Service of summons.
- § 6513 Duration of notice of pendency.
- § 6514 Motion for cancellation of notice of pendency.
- § 6515 Undertaking for cancellation of notice of pendency; security by plaintiff.
- § 6516 Successive notices of pendency
Article 70. Habeas Corpus
12 provisions
- § 7001 Application of article; special proceeding.
- § 7002 Petition.
- § 7003 When the writ shall be issued.
- § 7004 Content of writ.
- § 7005 Service of the writ.
- § 7006 Obedience to the writ.
- § 7007 Warrant preceding or accompanying writ.
- § 7008 Return.
- § 7009 Hearing.
- § 7010 Determination of proceeding.
- § 7011 Appeal.
- § 7012 Redetention after discharge.
Article 71. Recovery of Chattel
12 provisions
- § 7101 When action may be brought.
- § 7102 Seizure of chattel on behalf of plaintiff.
- § 7103 Reclaiming, impounding or returning chattel.
- § 7104 Seizing, reclaiming or returning less than all chattels.
- § 7105 Sale of perishable property.
- § 7106 Payment of sheriff’s fees and expenses; liability of sheriff.
- § 7107 Sheriff’s return.
- § 7108 Judgment; execution in certain cases; enforcement by contempt.
- § 7109 Unique chattel.
- § 7110 Sheriff’s powers.
- § 7111 Action on undertaking.
- § 7112 Testimony by deposition to ascertain location of chattel.
Article 72. Recovery of Penalty or Forfeiture
5 provisions
Article 75. Arbitration
17 provisions
- § 7501 Effect of arbitration agreement.
- § 7502 Applications to the court; venue; statutes of limitation; provisional remedies
- § 7503 Application to compel or stay arbitration; stay of action; notice of intention to arbitrate.
- § 7504 Court appointment of arbitrator
- § 7505 Powers of arbitrator
- § 7506 Hearing
- § 7507 Award; form; time; delivery
- § 7508 Award by confession
- § 7509 Modification of award by arbitrator
- § 7510 Confirmation of award.
- § 7510-a Confirmation of award for public sector arbitrations.
- § 7511 Vacating or modifying award.
- § 7512 Death or incompetency of a party
- § 7513 Fees and expenses.
- § 7514 Judgment on an award
- § 7515 Mandatory arbitration clauses; prohibited.
- § 7516 Confirmation of an award based on a consumer credit transaction.
Article 75-A. Health Care Arbitration
16 provisions
- § 7550 Definitions
- § 7551 Applicability
- § 7552 Health care arbitration proceedings
- § 7553 Costs of the proceeding
- § 7554 Selection of arbitrators
- § 7555 Screening for bias; communication with arbitrator candidates
- § 7556 Demand for arbitration; minors; consolidation of proceedings
- § 7557 Reparation offers; denials of liability
- § 7558 Depositions and discovery; rules of the arbitration administrator; adjournments
- § 7559 Hearing; evidence; record; neutral experts
- § 7560 Subpoenas
- § 7561 Use of depositions; enforcement of discovery procedures.
- § 7562 Witnesses’ fees and mileage; arbitrators’ fees and expenses
- § 7563 Briefs; award; decision
- § 7564 Form of decision; costs upon frivolous claims and counterclaims
- § 7565 Modification and judicial review of decision
Article 76. Proceeding to Enforce Agreement for Determination of Issue
1 provision
Article 77. Proceeding Relating to Express Trust
6 provisions
- § 7701 Special proceeding relating to express trust.
- § 7702 Verified account accompanying petition.
- § 7703 Joinder and representation of persons interested in trust property.
- § 7704 Reference.
- § 7705 Recording or filing instrument settling account.
- § 7706 Order on filing instrument settling account.
Article 78. Proceeding Against Body or Officer
6 provisions
Article 80. Fees
23 of 29 provisions active (6 repealed)
- § 8001 Persons subpoenaed; examination before trial; transcripts of records.
- § 8002 Stenographers.
- § 8003 Referees.
- § 8004 Commissions of receivers
- § 8005 Commissions of trustees; advance payment of fees of an attorney-trustee
- § 8006 Premiums on undertakings by fiduciaries
- § 8007 Printers
- § 8008 Fees and expenses of officer to be paid before transmission of paper
- § 8009 Oaths; acknowledgments; certification or exemplification
- § 8010 County treasurers
- § 8011 Fixed fees of sheriffs.
- § 8011-a Repealed
- § 8011-b Repealed
- § 8012 Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
- § 8013 Expenses of sheriffs.
- § 8014 Collection of sheriff’s fees on execution
- § 8015 County clerk where sheriff is a party or otherwise disqualified
- § 8016 Clerks of courts of record generally
- § 8017 Exemption of the state and counties, and agencies and officers thereof, from fees of clerks.
- § 8017-a [Renumbered]
- § 8018 Index number fees of county clerks.
- § 8019 County clerks generally.
- § 8020 County clerks as clerks of court.
- § 8021 County clerks other than as clerks of court.
- § 8022 Fee on civil appeals proceedings before appellate courts
- § 8023 Repealed
- § 8024 Repealed Repealed
- § 8025 Repealed Repealed
- § 8026 Repealed Repealed
Article 81. Costs Generally
10 provisions
- § 8101 Costs in an action
- § 8102 Limitation of costs where action brought in higher court.
- § 8103 Costs where parties prevail upon separate issues.
- § 8104 Costs in consolidated, severed or removed action
- § 8105 Costs where more than one plaintiff or defendant
- § 8106 Costs upon motion
- § 8107 Costs upon appeal
- § 8108 Specification of denial or award of costs
- § 8109 Defendant’s costs against the state
- § 8110 Costs against a fiduciary
Article 82. Amount of Costs
4 provisions
Article 83. Disbursements and Additional Allowances
4 provisions
- § 8301 Taxable disbursements
- § 8302 Additional allowance to plaintiff as of right in real property actions.
- § 8303 Additional allowance in the discretion of the court.
- § 8303-a Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death.
Article 84. Taxation of Costs
4 provisions
Article 85. Security for Costs
3 provisions
Article 86. Counsel Fees and Expenses in Certain Actions Against the State
6 provisions
Article 87. [Expired and Repealed]
0 of 4 provisions active (4 repealed)
- § 8701 Expired and repealed Repealed
- § 8702 Expired and repealed Repealed
- § 8703 Expired and repealed Repealed
- § 8704 Expired and repealed Repealed
Article 90. Failure or Adjournment of Term of Court
3 provisions
- R 9001 No abatement by failure, adjournment, or change of time or place of term of court.
- R 9002 Death, disability or incapacity of judge following verdict, report, decision, or determination of motion or special proceeding.
- R 9003 Running of time when county judge disqualified from acting in a case.
Article 94. Admission to Practice
7 provisions
Article 97. Records of Clerks of the Courts
3 provisions
Article 98. Actions Against Villages
4 provisions
Article 100. Repeal; Saving Clauses; Effective Date
5 provisions