§ 902 — Pleadings; form

New York § 902

• Jurisdiction: New York
• Law UCT: Uniform City Court Act
• Art. 9: Pleadings

Text

§ 902. Pleadings; form.\n (a) All pleadings shall be formal pleadings, as in supreme court\npractice, except that:\n 1. If the plaintiff's cause of action is for money only and the\nsummons is served by personal delivery to the defendant within the\ncounty, the cause of action may be set forth by indorsement upon the\nsummons. The indorsement shall consist of a statement of the nature and\nsubstance of the cause of action, and the summons in such instance shall\nset forth the amount in which the plaintiff will take judgment in the\nevent of default. Unless the rules of the court provide otherwise, the\nclerk shall make such indorsement for a plaintiff appearing without\nattorney.\n 2. Where such indorsement method has been used, or where the\nplaintiff's cause of action is for money only in the amount of $300 or\nless, the defendant, if he appears without attorney, may answer by\nindorsement of the nature and substance of the answer on, or by\nannexation of it to, the summons. Unless the rules of the court provide\notherwise, the clerk shall make such indorsement.\n (b) If a formal complaint must be or is used, it shall be served with\nthe summons, except that if service is made by publication the CPLR\nshall govern.\n (c) The address of the defendant, and that of his attorney if he shall\nappear by attorney, shall be stated with or in the answer.\n (d) The rules may provide, in actions for money only in designated\ncategories in which the plaintiff might otherwise proceed by indorsement\nas above provided, that a formal complaint, or a formal answer, or both,\nshall be required.\n (e) The court in any case may, at any time before judgment, on its own\nmotion or on the motion on notice of a party, direct the service and\nfiling of a formal pleading.\n