§ 105 — Definitions

New York § 105

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 1: Short Title; Applicability and Definitions

Text

§ 105. Definitions. (a) Applicability. Unless the context requires\notherwise, the definitions in this section apply to the civil practice\nlaw and rules.\n (b) Action and special proceeding. The word "action" includes a\nspecial proceeding; the words "plaintiff" and "defendant" include the\npetitioner and the respondent, respectively, in a special proceeding;\nand the words "summons" and "complaint" include the notice of petition\nand the petition, respectively, in a special proceeding.\n (c) Attorney. The word "attorney" includes a party prosecuting or\ndefending an action in person.\n (d) Civil judicial proceeding. A "civil judicial proceeding" is a\nprosecution, other than a criminal action, of an independent application\nto a court for relief.\n (e) Clerk. The word "clerk," as used in any provision respecting an\naction or any proceedings therein, means the clerk of the court in which\nthe action is triable. In supreme and county court, the word "clerk"\nshall mean the clerk of the county.\n (f) Consumer credit transaction. The term "consumer credit\ntransaction" means a transaction wherein credit is extended to an\nindividual and the money, property, or service which is the subject of\nthe transaction is primarily for personal, family or household purposes.\n (g) Court and judge. The word "court," as used in any provision\nconcerning a motion, order or special proceeding, includes a judge\nthereof authorized to act out of court with respect to such motion,\norder or special proceeding.\n (h) Domestic and foreign corporation. A "domestic corporation" is a\ncorporation created by or under the laws of the state, or a corporation\nlocated in the state and created by or under the laws of the United\nStates, or a corporation created by or pursuant to the laws in force in\nthe colony of New York before April nineteenth, seventeen hundred\nseventy-five. Every other corporation is a "foreign corporation."\n (h-1) Finance charge. The term "finance charge" means the cost of\nconsumer credit as a dollar amount, includes any charge payable directly\nor indirectly by the consumer and imposed directly or indirectly by the\ncreditor as an incident to or a condition of the extension of credit,\nand does not include any charge of a type payable in a comparable cash\ntransaction.\n (i) Garnishee. A "garnishee" is a person who owes a debt to a judgment\ndebtor, or a person other than the judgment debtor who has property in\nhis possession or custody in which a judgment debtor has an interest.\n (j) Infant, infancy. The word "infant", as used in this chapter, means\na person who has not attained the age of eighteen years. The word\n"infancy" means the state of being an infant.\n (k) Judgment. The word "judgment" means a final or interlocutory\njudgment.\n (l) Judgment creditor. A "judgment creditor" is a person in whose\nfavor a money judgment is entered or a person who becomes entitled to\nenforce it.\n (m) Judgment debtor. A "judgment debtor" is a person, other than a\ndefendant not summoned in the action, against whom a money judgment is\nentered.\n (n) Judicial hearing officer. A "judicial hearing officer" means a\nperson so designated pursuant to provisions of article twenty-two of the\njudiciary law.\n (o) Law. The word "law" means any statute or any civil practice rule.\n (p) Matrimonial action. The term "matrimonial action" includes actions\nfor a separation, for an annulment or dissolution of a marriage, for a\ndivorce, for a declaration of the nullity of a void marriage, for a\ndeclaration of the validity or nullity of a foreign judgment of divorce\nand for a declaration of the validity or nullity of a marriage.\n (q) Money judgment. A "money judgment" is a judgment, or any part\nthereof, for a sum of money or directing the payment of a sum of money.\n (q-1) Original creditor. The term "original creditor" means the entity\nthat owned a consumer credit account at the date of default giving rise\nto a cause of action.\n (r) Place where action triable. The place where an action is "triable"\nmeans the place where the action is pending; or, if no action has been\ncommenced, any proper place of trial or any proper place to commence the\naction; or, after entry of judgment, the place where the judgment was\nentered.\n (s) Real property. "Real property" includes chattels real.\n * (s-1) The sheriff. The term "the sheriff", as used in this chapter,\nmeans the county sheriff as defined in subdivision (a) of section\nthirteen of article thirteen of the constitution and in counties in the\ncity of New York, the city sheriff as defined in section fifteen hundred\ntwenty-six of chapter fifty-eight of the New York city charter. For the\npurposes of article fifty-two of this chapter relating to the\nenforcement of money judgments and for the purposes of any provision of\nlaw which in effect applies any such provision of article fifty-two of\nthis chapter, such term shall also mean any "city marshal" as defined in\narticle sixteen of the New York city civil court act, except that city\nmarshals shall have no power to levy upon or sell real property and city\nmarshals shall have no power of arrest.\n * NB Repealed June 30, 2026\n (t) Type size requirement. Whenever a requirement relating to size of\ntype is stated in point size, the type size requirement shall be deemed\nmet if the x-height of the type is a minimum of forty-five percent of\nthe specified point size. Each point shall be measured as .351\nmillimeter. The x-height size shall be measured as it appears on the\npage. The x-height is the height of the lower case letters, exclusive of\nascenders or descenders.\n (u) Verified pleading. A "verified pleading" may be utilized as an\naffidavit whenever the latter is required.\n