§ 902 — Pleadings; form

New York § 902

• Jurisdiction: New York
• Law CCA: New York City Civil Court
• Art. 9: Pleadings

Text

§ 902. Pleadings; form. (a) All pleadings shall be formal pleadings,\nas in supreme court practice, except that:\n (1) If the plaintiff's cause of action is for money only, the cause of\naction may be set forth by indorsement upon the summons. The\nindorsement shall consist of a statement of the nature and substance of\nthe cause of action, and the summons in such instance shall set forth\nthe amount in which the plaintiff will take judgment in the event of\ndefault. If the plaintiff shall appear without attorney, such\nindorsement shall be made by the clerk.\n (2) Where the plaintiff's cause of action is for money only and the\ndefendant appears without attorney, he may describe his answer to the\nclerk, who shall indorse the nature and substance of the answer on, or\nannex it to, the summons.\n (b) If a formal complaint must be or is used, it shall be served with\nthe summons, except that if service is made by publication the CPLR\nshall govern.\n (c) The address of the defendant, and that of his attorney if he shall\nappear by attorney, shall be stated with or in the answer.\n (d) The rules may provide, in actions for money only in designated\ncategories in which a party might otherwise proceed by indorsement as\nabove provided, that a formal complaint, or a formal answer, or both,\nshall be required.\n (e) The court in any case may, at any time before judgment, on its own\nmotion or on the motion on notice of a party, direct the service and\nfiling of a formal pleading.\n