§ 3015 — Particularity as to specific matters

Rule 3015. Particularity as to specific matters. (a) Conditions\nprecedent. The performance or occurrence of a condition precedent in a\ncontract need not be pleaded. A denial of performance or occurrence\nshall be made specifically and with particularity. In case of such\ndenial, the party relying upon the performance or occurrence shall be\nrequired to prove on the trial only such performance or occurrence as\nshall have been so specified.\n (b) Corporate status. Where any party is a corporation, the complaint\nshall so state and, where known, it shall specify the state, country or\ngovernment by or under whose laws the party was created.\n (c) Judgment, decision or determination. A judgment, decision or other\ndetermination of a court, judicial or quasi-judicial tribunal, or of a\nboard or officer, may be pleaded without stating matter showing\njurisdiction to render it.\n (d) Signatures. Unless specifically denied in the pleadings each\nsignature on a negotiable instrument is admitted.\n (e) License to do business. Where the plaintiff's cause of action\nagainst a consumer arises from the plaintiff's conduct of a business\nwhich is required by state or local law to be licensed by the department\nof consumer affairs of the city of New York, the Suffolk county\ndepartment of consumer affairs, the county of Rockland, the county of\nPutnam, the county of Westchester, or the Nassau county department of\nconsumer affairs, the complaint shall allege, as part of the cause of\naction, that plaintiff was duly licensed at the time of services\nrendered and shall contain the name and number, if any, of such license\nand the governmental agency which issued such license. The failure of\nthe plaintiff to comply with this subdivision will permit the defendant\nto move for dismissal pursuant to paragraph seven of subdivision (a) of\nrule thirty-two hundred eleven of this chapter.\n