§ 902 — Pleadings; form

New York § 902

• Jurisdiction: New York
• Law UDC: Uniform District 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 within the county, the cause of action may be set\nforth by indorsement upon the summons. The indorsement shall consist of\na statement of the nature and substance of the cause of action, and the\nsummons in such instance shall set forth the amount in which the\nplaintiff will take judgment in the event of default. If the plaintiff\nshall appear without attorney, such indorsement shall be made by the\nclerk.\n (2) Where the plaintiff's cause of action is for money only and the\ndefendant appears without attorney, he may describe his answer to the\nclerk, who shall indorse the nature and substance of the answer on, or\nannex it to, the summons.\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