§ 902 — Pleadings; form

New York § 902

• Jurisdiction: New York
• Law UJC: Uniform Justice 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, the complaint\nmay be set forth by indorsement upon the summons. The indorsement shall\nconsist of a statement of the nature and substance of the cause of\naction, and the summons in such instance shall set forth the amount in\nwhich the plaintiff will take judgment in the event of default. Unless\nthe rules of the court provide otherwise, the clerk shall make such\nindorsement for a plaintiff appearing without attorney.\n 2. Where the plaintiff's cause of action is for money only and the\ndefendant appears without attorney, he may, unless the rules provide\notherwise, describe his answer to the clerk, who shall indorse the\nsubstance of the answer on, or annex 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