§ 3016 — Particularity in specific actions

New York § 3016

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 30: Remedies and Pleading

Text

Rule 3016. Particularity in specific actions. (a) Libel or slander. In\nan action for libel or slander, the particular words complained of shall\nbe set forth in the complaint, but their application to the plaintiff\nmay be stated generally.\n (b) Fraud or mistake. Where a cause of action or defense is based upon\nmisrepresentation, fraud, mistake, wilful default, breach of trust or\nundue influence, the circumstances constituting the wrong shall be\nstated in detail.\n (c) Separation or divorce. In an action for separation or divorce, the\nnature and circumstances of a party's alleged misconduct, if any, and\nthe time and place of each act complained of, if any, shall be specified\nin the complaint or counterclaim as the case may be.\n (d) Judgment. In an action on a judgment, the complaint shall state\nthe extent to which any judgment recovered by the plaintiff against the\ndefendant, or against a person jointly liable with the defendant, on the\nsame cause of action has been satisfied.\n (e) Law of foreign country. Where a cause of action or defense is\nbased upon the law of a foreign country or its political subdivision,\nthe substance of the foreign law relied upon shall be stated.\n (f) Sale and delivery of goods or performing of labor or services. In\nan action involving the sale and delivery of goods, or the performing of\nlabor or services, or the furnishing of materials, the plaintiff may set\nforth and number in his verified complaint the items of his claim and\nthe reasonable value or agreed price of each. Thereupon the defendant by\nhis verified answer shall indicate specifically those items he disputes\nand whether in respect of delivery or performance, reasonable value or\nagreed price.\n (g) Personal injury. In an action designated in subsection (a) of\nsection five thousand one hundred four of the insurance law, for\npersonal injuries arising out of negligence in the use or operation of a\nmotor vehicle in this state, the complaint shall state that the\nplaintiff has sustained a serious injury, as defined in subsection (d)\nof section five thousand one hundred two of the insurance law, or\neconomic loss greater than basic economic loss, as defined in subsection\n(a) of section five thousand one hundred two of the insurance law.\n (h) Gross negligence or intentional infliction of harm by certain\ndirectors, officers or trustees of certain corporations, associations,\norganizations or trusts. In an action or proceeding based upon the\nconduct of a director, officer or trustee described in section seven\nhundred twenty-a of the not-for-profit corporation law or subdivision\nsix of section 20.09 of the arts and cultural affairs law, the complaint\nshall be verified and shall state whether or not said complaint is based\nupon gross negligence or intentional infliction of harm.\n (i) Privacy of name in certain legal challenges to college/university\ndisciplinary findings. In any proceeding brought against a college or\nuniversity that is chartered by the regents or incorporated by special\nact of the legislature, which proceeding seeks to vacate or modify a\nfinding that a student was responsible for a violation of college or\nuniversity rules regarding a violation covered by article one hundred\ntwenty-nine-B of the education law, the name and identifying\nbiographical information of any student shall be presumptively\nconfidential and shall not be included in the pleadings and other papers\nfrom such proceeding absent a waiver or cause shown as determined by the\ncourt. Such witnesses shall be identified only as numbered witnesses. If\nsuch a name or identifying biographical information appears in a\npleading or paper filed in such a proceeding, the court, absent such a\nwaiver or cause shown, shall direct the clerk of the court to redact\nsuch name and identifying biographical information and so advise the\nparties.\n (j) Consumer credit transactions. In an action arising out of a\nconsumer credit transaction where a purchaser, borrower or debtor is a\ndefendant, the contract or other written instrument on which the action\nis based shall be attached to the complaint, however, for the purposes\nof this section, if the account was a revolving credit account, the\ncharge-off statement may be attached to the complaint instead of the\ncontract or other written instrument, and the following information\nshall be set forth in the complaint:\n (1) The name of the original creditor;\n (2) The last four digits of the account number printed on the most\nrecent monthly statement recording a purchase transaction, last payment\nor balance transfer;\n (3) The date and amount of the last payment or, if no payment was\nmade, a statement that the purchaser, borrower or debtor made no payment\non the account;\n (4) If the complaint contains a cause of action based on an account\nstated, the date on or about which the final statement of account was\nprovided to the defendant;\n (5) (A) Except as provided in subparagraph (B) of this paragraph, an\nitemization of the amount sought, by (i) principal; (ii) finance charge\nor charges; (iii) fees imposed by the original creditor; (iv) collection\ncosts; (v) attorney's fees; (vi) interest; and (vii) any other fees and\ncharges.\n (B) If the account was a revolving credit account, an itemization of\nthe amount sought, by: (i) the total amount of the debt due as of\ncharge-off; (ii) the total amount of interest accrued since charge-off;\n(iii) the total amount of non-interest charges or fees accrued since\ncharge-off; and (iv) the total amount of payments and/or credits made on\nthe debt since charge-off;\n (6) The account balance printed on the most recent monthly statement\nrecording a purchase transaction, last payment or balance transfer;\n (7) (A) Whether the plaintiff is the original creditor.\n (B) If the plaintiff is not the original creditor, the complaint shall\nalso state (i) the date on which the debt was sold or assigned to the\nplaintiff; (ii) the name of each previous owner of the account from the\noriginal creditor to the plaintiff and the date on which the debt was\nassigned to that owner by the original creditor or subsequent owner; and\n(iii) the amount due at the time of the sale or assignment of the debt\nby the original creditor; and\n (8) Any matters required to be stated with particularity pursuant to\nrule 3015 of this article.\n