SmartRules New York

New York premium content is a benefit of membership. Join the New York SmartRules community to receive:

  • Full access to 100's of step-by-step compliance guides
  • Alerts of significant rules changes you need to know
  • 100% satisfaction guaranteed
Sign up now >>
"SmartRules Online has cut my document preparation time in half and greatly reduced the risk of errors."
- Anthony D'Amelio, Litigator
Close this window

Already a member? Login here.

  • Email Address:
  • Password:
  • Login
  • Loading
Close this window

Get SmartRules Alerts FREE!

To thank you for visiting, we'd like to offer a member benefit absolutely free. You'll receive SmartRules Alerts on a monthly basis by email.

I agree to the terms of use and privacy policy

SmartRules Alerts provide:

  • Notice of significant rules & procedures changes
  • Expert summary and analysis, by lawyers
  • The benefits of large-firm support team, absolutely free
Close this window


Watch this brief, 2 minute video to discover...



How SmartRules Helps You Win Cases Across
The State and Across State Lines




Close this window

Enhance your account now.

Your current account does not include 1,000's of SmartRules topics in New York. Enhance your account now by adding this jurisdiction at a steep discount - just $19.99/mo.

  • Enjoy immediate access
  • Over 80% savings off regular price if you upgrade now
  • No forms - we'll update your account & card on file automatically

Please enhance my account and show me full document content. Show me pricing options:


back Back to Search result
RELATED DOCUMENTS:
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme


Who is using SmartRules™?

From leading law firms to solo practitioners, SmartRules is the definitive source.

SmartRules Banners SmartRules Banners SmartRules Banners SmartRules Banners
 

 Amended Complaint

 

 Supreme Court of the State of New York
 New York County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Time for Amendment Without Leave

Each party is permitted to amend its pleading once without leave of court, provided such amendment is made more...   

Time for Amendment With Leave or By Stipulation

Any party may amend his or her pleading at any time with leave of court or by stipulation more...

Time for Response to Amended Pleading

When a pleading is amended, if the amended pleading requires a response, the response is due within twenty more...

 Amended Complaint Rules

Amendment One Time Without Leave

Each party is permitted to amend its pleading once without leave of court, provided such amendment is made more...

Leave To Amend Liberally Granted

Any party may amend his or her pleading at any time with leave of court or by stipulation more...

Amendment to Conform to The Evidence

The court may permit amendment of the pleadings before or after judgment, on such terms as may be more...

 Pleading Rules

Particularity

The CPLR requires that all statements contained in a pleading be sufficiently particular to give the court and more...

Liberal Construction

Pleadings shall be liberally construed. Defects shall be ignored if a substantial right of a party is not more...

Numbered Paragraphs

Every pleading should consist of plain and concise statements in consecutively numbered paragraphs, with each paragraph containing more...

Prior Paragraphs Incorporated By Reference

Prior paragraphs within a pleading may be incorporated in subsequent paragraphs by referencing the paragraph number. . more...

Separate, Alternative and Inconsistent Claims

Separate causes of action or defenses should be separately stated and may be stated regardless of consistency. more...

Attachments May Be Incorporated By Reference

A copy of any writing attached to a pleading is considered to be a part of the pleading more...

Verification

In General

A verification is a statement under oath that the pleading is true to the knowledge of the deponent, more...

Unless otherwise specified by law, where a pleading is verified, each subsequent pleading shall also be verified. more...

Where the complaint is not verified, a counterclaim, cross-claim or third-party claim in the answer may be separately more...

Answer Must Be Verified If Original Pleading Was Verified

If the pleading to which it responds was verified the answer should be verified as well. Answers by infants or those privileged from testifying as a witness need not be verified. more...

Certain Answers Required To Be Verified

The answer must be verified when the defense does not involve the merits of the action. . more...

Demand for Relief

Every complaint must include a demand for the relief the plaintiff requests. . more...

Pleadings in actions for personal injury or wrongful death are subject to certain additional requirements. . more...

In cases where monetary relief is sought, a demand for a specific amount is common, but case law more...

 Special Requirements for Particular Causes of Action

CPLR 3015 and 3016 contain special pleading requirements for certain matters and actions, including the following: more...

Conditions Precedent

The performance or occurrence of a condition precedent in a contract need not be pleaded. A denial of more...

Corporate Status

Where any party is a corporation, the complaint shall so state and, where known, it shall specify the more...

Judgment, Decision or Determination

A judgment, decision or other determination of a court, judicial or quasi-judicial tribunal, or of a board or more...

Signatures

Unless specifically denied in the pleadings each signature on a negotiable instrument is admitted. . more...

License To Do Business

Where the plaintiff`s cause of action against a consumer arises from the plaintiff`s conduct of a business which more...

Defamation Cases

In a libel or slander case the defamatory words must be quoted verbatim. . Case law has held that any paraphrasing or use of qualifying words will make the complaint defective. more...

Fraud

Detail of the alleged wrong must be clearly specified in all complaints based on misrepresentation, fraud, mistake, willful default, more...

Suits to Enforce Judgment

In a suit to enforce judgment the extent, if any, to which the judgment has been satisfied, must more...

Suits Based on Foreign Law

Any lawsuit relying on foreign-country law must state the substance of that law within the pleading. . more...

Schedule of Goods and Services

In an action involving the furnishing of goods, materials or services, the plaintiff may set forth and number more...

Satisfaction of No-Fault Requirement in Motor Vehicle Cases

In personal injury cases based on motor-vehicle accidents, the plaintiff must specifically allege compliance with the requirements of New more...

Suits Against Non-Profit Entities

Complaints against non-profit entities must be verified and must specify that they are based on either gross negligence more...

Medical, Dental and Podiatric Malpractice

In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed more...

 Form & Format of Papers

Caption Page

Contents

All papers served or filed in the Court, including Amended Complaints, should begin with a caption.The caption should state the name of the court, the venue, the title of the action, and the more...

Parties

In the summons and complaint, the caption should name all parties to the action. . more...

Foreign corporations doing business in New York are not permitted to file complaints in the New York state more...

Signature

Each paper served or filed shall be indorsed with the name, address and telephone number of the attorney more...

Every pleading, written motion, and other paper, served on another party or filed or submitted to the court more...

Signature Certifies that Document is Not Frivolous

A party or attorney's signature on any pleading or paper served on another party or filed or submitted more...

Additional Format Requirements

For more information, New York County Supreme Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Summons

A summons shall specify the basis of the venue designated and if based upon the residence of the more...

A third-party summons shall also specify the date of filing of the third-party summons with the clerk of more...

The summons in an action arising out of a consumer credit transaction shall prominently display at the top more...

Where, upon order of the court or by stipulation of all parties or as of right pursuant to more...

If the complaint is not served with the summons, the summons shall contain or have attached thereto a more...

Notice of Electronic Filing (If Applicable)

An action may be commenced electronically by filing the initiating documents through NYSCEF. . more...

Statement of Service by Mail

This document is required by the CPLR where service is made by mail, rather than personal delivery. more...

Certificate of Merit in Medical, Dental and Podiatric Malpractice

In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed more...

Proof of Service

Proof of service is required for Amended Complaints and discussed in detail in New York County SmartRules procedural guide: more...

 Filing & Service

Electronic Filing and Service

Electronic Filing, including initiating documents, is required or permitted for some types of actions in some New York more...

Parties Who Have Not Yet Appeared

A party who has not appeared must be served in the manner provided for service of summons. more...

For more information regarding electronic filing in New York County see: . more...

Fees

Fees for the New York Unified Court system can be found online at: . more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

Document Stats
Views: 15405
Downloads: 942
RELATED DOCUMENTS:
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme
New York - Bronx Supreme