§ 405 — Correction of defects in papers

New York § 405

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 4: Special Proceedings

Text

§ 405. Correction of defects in papers. (a) Motion to correct. Either\nparty may move to cure a defect or omission in the record, or to strike\nscandalous or prejudicial matter unnecessarily inserted in a pleading,\nor for a more definite statement of a pleading which is so vague or\nambiguous that he cannot reasonably be required to frame a response.\n (b) Time limits; pleading after disposition. A party shall make a\nmotion under this section by serving a notice of motion or order to show\ncause within the time allowed for his responsive pleading. Unless the\ncourt so orders on motion made without notice on the ground that the\nparty is unable to plead until the papers are corrected, the motion\nshall not extend the time for such responsive pleading. If the motion is\ngranted, the party who made the motion shall serve and file his\nresponsive pleading within five days after service of the amended\npleading. If the motion is denied and the time to serve a responsive\npleading has been extended, the party shall serve and file his\nresponsive pleading within two days after service of the order denying\nthe motion with notice of entry, unless the order specifies otherwise. A\nparty may re-notice the matter for hearing upon two days' notice.\n (c) Petitioner's motion. The petitioner may raise the objections\nspecified in subdivision (a) in his reply or by motion on the day on\nwhich the petition has been noticed or re-noticed to be heard.\n