§ 3017 — Demand for relief

New York § 3017

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

Text

§ 3017. Demand for relief. (a) Generally. Except as otherwise provided\nin subdivision (c) of this section, every complaint, counterclaim,\ncross-claim, interpleader complaint, and third-party complaint shall\ncontain a demand for the relief to which the pleader deems himself\nentitled. Relief in the alternative or of several different types may be\ndemanded. Except as provided in section 3215, the court may grant any\ntype of relief within its jurisdiction appropriate to the proof whether\nor not demanded, imposing such terms as may be just.\n (b) Declaratory judgment. In an action for a declaratory judgment, the\ndemand for relief in the complaint shall specify the rights and other\nlegal relations on which a declaration is requested and state whether\nfurther or consequential relief is or could be claimed and the nature\nand extent of any such relief which is claimed.\n (c) Personal injury or wrongful death actions. In an action to recover\ndamages for personal injuries or wrongful death, the complaint,\ncounterclaim, cross-claim, interpleader complaint, and third-party\ncomplaint shall contain a prayer for general relief but shall not state\nthe amount of damages to which the pleader deems himself entitled. If\nthe action is brought in the supreme court, the pleading shall also\nstate whether or not the amount of damages sought exceeds the\njurisdictional limits of all lower courts which would otherwise have\njurisdiction. Provided, however, that a party against whom an action to\nrecover damages for personal injuries or wrongful death is brought, may\nat any time request a supplemental demand setting forth the total\ndamages to which the pleader deems himself entitled. A supplemental\ndemand shall be provided by the party bringing the action within fifteen\ndays of the request. In the event the supplemental demand is not served\nwithin fifteen days, the court, on motion, may order that it be served.\nA supplemental demand served pursuant to this subdivision shall be\ntreated in all respects as a demand made pursuant to subdivision (a) of\nthis section.\n