(l) The undertaking to be filed by a defendant desiring a jury trial shall be in the form prescribed by the relevant provisions of article 25 of the CPLR. a response which shall state with reasonable particularity the reasons for each objection. He further alleges that, as a result, he developed a methicillin resistant staphylococcus aureus infection. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and technicians' reports which will be offered at the trial, including a description of the injuries sustained, a diagnosis, and prognosis. Jan. 1, 1991. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or letters thereof. __________, COUNTY OF ______________ INDEX NO. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Updated Fall 2011 Reprinted with permission . . (3) If no party appears, the judge may strike the action from the calendar or make such other order as appears just. (c)Whenever a person is required pursuant to such notice or order to produce documents (2) Form of summons. 208.9 Preliminary conference Tr. ___ AD3d ___, ___ NYS3d ___ 2015 NY Slip Op 06779 [2d Dept., 2015]. A motion must be supported by affidavit by a person having firsthand knowledge, satisfactorily explaining the reasons for the action having been stricken and showing that it is presently ready for trial. . receiving the E-file confirmation receipt of plaintiffs service of the June (f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. III. (a) Alternative method of dispute resolution by arbitration. 208.6 Summons The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Section 208.5 Submission of papers to judge. against Dedvukaj and for an order of reference. Current as of January 01, 2021 | Updated by FindLaw Staff. Where an affidavit or exhibit annexed to a paper served or filed is in a foreign defendant can respond to a summons and complaint. subject matter of the document; (3) the date of the document; and (4) such other (b) Omission or Redaction of Confidential Personal Information in Civil Actions and Proceedings. (e) Where a party filing a notice of trial, in a medical malpractice action or an action against a municipality, seeking a sum of money only, is prohibited by the provisions of CPLR 3017(c) from stating in the pleadings the amount of damages sought in the action, the party shall indicate in the notice of trial whether the amount of damages exceeds $6,000, exclusive of costs and interest. The filing stops the running of the statute of limitations and is the official commencement of the litigation. (2) Commencing April 22, 2002, all summary proceedings for the following residential premises in which the New York City Housing Authority is a party to the proceeding shall be noticed and filed in the Red Hook Community Justice Center: (g) Allegations required under section 325 of the Multiple Dwelling Law and sections 27-2097 et seq., of the Administrative Code of the City of New York. The moving party shall serve copies of all affidavits and briefs upon the adverse parties at the time of service of the notice of motion. the date of an individual's birth, except the year thereof; iii. (e) In the event of a plaintiff's verdict on the issue of liability or a defendant's verdict on the issue of liability on a counterclaim, the damage phase of the trial shall be conducted immediately thereafter before the same judge and jury, unless the judge presiding over the trial, for reasons stated in the record, finds such procedures to be impracticable. any defect in form unless, within fifteen days after the receipt thereof, the party " Mailing " means the deposit of a paper enclosed in a first class postpaid wrapper, addressed to the address designated by a person for that . A multipurpose part is a part of court for the performance of the functions of a calendar part, a trial part, a motion part, a conference part, as well as other special parts of court, or any combination thereof. Section 208.31 Restoration after jury disagreement, mistrial or order for new trial. Each paper served or filed shall be durable, white and, except for summonses, subpoenas, notices of appearance, notes of issue, orders of protection, temporary orders of protection and exhibits, shall be eleven by eight and one-half inches in size. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. Copies of the reports of the examining medical providers, complying with the requirements of subdivision (c) of this section, shall be served within 10 days after completion of such further examination. Thereafter, plaintiff moved THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! - Civil Court of the City of New York 208.8 Venue (5) Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within five days after personal delivery. (e) Applications to restore an action to the ready calendar in the event of a reversal or a direction of a new trial by an appellate court, shall be made returnable in the appropriate motion part, except that if all parties do not appear by attorney, the clerk shall, without formal application, restore the action to the ready calendar. (1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses. CPLR 308 (4) permits service by "affix and mail" only where personal delivery or delivery to a person of suitable age and discretion "cannot be made with due diligence" (see Sinay v Schwartzman, 148 AD3d 1068, 1070 [2nd Dept 2017]). Either party may be represented by counsel, but no record of the proceeding before the arbitrator shall be kept. According to the Second Consequently, a demand for a complaint made prior to service of the summons would be deemed premature and a nullity which would not invoke the time limitations of CPLR 3012 (b) (see Ryan, 124 AD3d at 752). YOU MAY HAVE TO PAY OTHER COSTS TOO!! Civil Court of the City of New York Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper. Plaintiff here received an answer from the defendant, but relied on a defect in the verification to reject the answer and treat it as a nullity. information as is sufficient to identify the document for a subpoena duces tecum. Housing Court Clerk The judge presiding may, upon proper proof by affidavit showing good cause for the failure to file in accordance with this rule, add any matter to the calendar. (c) Service of documents. White P.C. PLEASE TAKE NOTICE that pursuant to CPLR 3101(d)(1), [name and procedural title . 206.1 Application of Part; waiver; special rules; definitions 206.2 Terms and parts of court 206.3 Individual assignment system; structure 206.4 Court districts; structure 206.5 Papers filed with the court; numbering claims 206.5-a Filing by facsimile transmission 206.5-aa Filing by electronic means 206.5-b Filing fee; waiver or reduction 206.6 Contents of a claim or a notice of intention to . (a) There shall be compliance with the procedures prescribed in the NYCCCA and the CPLR for the bringing of motions. shall be of ordinary usage. Jury actions will be sent out for jury selection if a jury trial part is available, or scheduled for jury selection at the opening of court on the next court day or as soon as practicable thereafter. Counsel failed to provide information required by the statute in order to permit her to make the verification instead of claimant: in this instance, that claimant was not in the county where his lawyer's office is located. Additional information can be found on the court system's website at: www.nycourts.gov. Section 208.11 Motion parts; motion calendars; motion procedure. Jan. 6, 1986. 0000002773 00000 n FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. issued by a court, requesting the production of a patient's medical records pursuant Historical Note (e) In any action to recover damages for personal injuries arising out of use or operation of a motor vehicle, plaintiff shall set forth in the complaint, whether in short or long form, the jurisdictional facts that permit plaintiff to maintain the action and avoid the bar of the Comprehensive Automobile Insurance Reparations Act. Room 225 The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. iPhone. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity. Persons seeking to research the law may find it helpful to visit the Law Library located on the 6th floor of this building. (e) In all applications for a default judgment arising from a consumer credit transaction, the plaintiff must submit the AFFIRMATION OF NON-EXPIRATION OF STATUTE OF LIMITATIONS executed by counsel. 208.32 Damages, inquest after default; proof . (d) Ready Calendars. These addresses are: [INSERT APPROPRIATE COURT ADDRESS OR ADDRESSES]. [Editors note: Upon party seeking discovery. CPLR 305 (b) states that "if the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the [*2]relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.". All rights reserved. Rule 202.70.11-e - Responses and Objections to Document . However, a dismissal of a plaintiff's action pursuant to CPLR 3012 does not constitute a dismissal on the merits (see Sotirakis v United Services Auto. (1) For purposes of this section a consumer credit transaction means a revolving or open-end credit transaction wherein credit is extended by a financial institution, which is in the business of extending credit, to an individual primarily for personal, family or household purposes, the terms of which include periodic payment provisions, late charges and interest accrual. (a) Motions for a change of venue. (g) In the discretion of the court, failure by a party to comply with the order resulting from the preliminary conference, or with the so-ordered stipulation provided for in subdivision (c) of this section, or the making of unnecessary or frivolous motions by a party, may result in the imposition upon such party of costs or such other sanctions as are authorized by law. YOU MAY HAVE TO PAY OTHER COSTS TOO!! (1) In original creditor actions, the affidavit set forth in subsection (c), effective October 1, 2014. You will also be required to make an affidavit specifying the issues of fact which you desire to have tried by a jury and stating that such trial is desired and demanded in good faith. !SI UD. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. Sec. Read the attached sheet for more information. (e) No motion shall be made upon the basis of any testimony taken in examinations unless and until such testimony has been reduced to writing and unless and until there has been compliance with the requirements of CPLR 5224(e). (i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days, or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. 0000014079 00000 n 208.14 Calendar default; restoration; dismissal (1) The parties to any controversy, except infants and incompetents, may submit the same for arbitration to any attorney, duly appointed as a commercial claims arbitrator by the administrative judge of this court, so assigned for such duty at that term of the court and upon whom they shall agree. (a) Judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action. (2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically. Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule3122. address: _____________________. 208.34 Absence or disqualification of assigned judge (a)Quality, size and legibility. (a) if this summons is served by its delivery to you personally within the City of New York, you must appear and answer within TWENTY days after such service; or. (b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible. to this rule need not respond or object to the subpoena if the subpoena is not accompanied 0000000616 00000 n This opinion is uncorrected and subject to revision before publication in the printed Official Reports. The Court reasoned in Fugazy and its progeny that there was no prejudice caused by the lack of for-mal notice because the plaintiff was aware of the cross-application and had actually opposed it. Except where the court otherwise directs, in all actions in which recovery is sought for personal injuries, disability or death, physical examinations and the exchange of medical information shall be governed by the provisions hereinafter set forth: (a) At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. Inasmuch as the complaint is dismissed the Court need not reach the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a). (f) When a notice of trial and certificate of readiness is filed pursuant to section 208.17 of this Part in an action to which this section is applicable, the filing party, in addition to complying with all other applicable rules of the court, shall file with the notice of trial and certificate of readiness an affirmation or affidavit, with proof of service on all parties who have appeared, showing specific compliance with the preliminary conference order or with the so-ordered stipulation provided for in subdivision (c) of this section. NOTE: If you desire a jury trial, you must, before the day upon which you have been notified to appear, file with the Clerk of the Court a written demand for a trial by jury. (d) Official Record; Maintenance of Files; Working Copies. (1) The ready calendars shall be called at such time and in such parts as the Chief Administrator shall direct. notices of appearance, notes of issue, orders of protection, temporary orders of protection %%EOF 5. All pleadings served. Exhibit 5 is a copy of a summons and complaint for Antoine v Sajo Realty Corp., Index No. Telephone number: Attorney 2 for (other party) (b) The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form notice of petition for mandatory use in eviction proceedings involving residential property under Article 7 of the Real Property Actions and Proceedings Law (other than in proceedings brought on the ground that the respondent has defaulted in the payment of rent). A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. (1) A person seeking to obtain personal jurisdiction over a person named as a party to an action specified in subdivision (a) of this section may serve the opposing party in hard copy, or by electronic means if the opposing party agrees to accept such service, in accordance with the CPLR or the New York City Civil Court Act. The motion was properly denied, based upon a technical defect in the letter rejecting the answer. 2nd Floor The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. If the inability to proceed to trial is expected to exceed 10 days, the action shall be returned to the reserve calendar or stricken from the calendar as circumstances warrant, unless, for good cause shown, the court on application grants an adjournment. Therefore, Department recently addressed this issue in JBBNY, LLC v. Dedvukaj, decided on April 10, 2019. (e)Copies. (1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the NYSCEF system. Address: (2) that the premises are a multiple dwelling and, pursuant to the Administrative Code, sections 27-2097 et seq., there is a currently effective registration statement on file with the office of code enforcement in which the owner has designated a managing agent, a natural person over 21 years of age, to be in control of and responsible for the maintenance and operation of the dwelling. . If the notice is served by the party to be examined, the examining parties shall, within 10 days of receipt thereof, submit to the party to be examined the name of the medical providers who will conduct the examination. The clerk shall advise the claimant of the right of the claimant or the defendant to request an evening hearing, which shall not be so scheduled if it would cause unreasonable hardship to either party, and the clerk shall schedule the hearing so as to minimize the defendant's time away from employment. Supreme Court, Kings County "A [claimant] who does not notify the adverse party's{**19 Misc 3d at 769} attorney with due diligence waives any objection to an absent or defective verification" (Lepkowski v State of New York, 1 NY3d at 210). Proceedings under article 7 of the Real Property Actions . Sec. There is no rule that requires expert disclosure to be . There will be a hearing before the Court upon this claim Co. v Kuldip, 136 AD3d 969, 969 [2nd Dept 2016]). 98 0 obj failure to answer their counterclaims. 208.15 Transfer of actions (2) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the NYCCCA and the CPLR. The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day. Historical Note There is filed Jan. 9, 1986; amds. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim. (i) Except as otherwise provided in subdivision (a) of this section, a party may commence any action in the Civil Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to subdivision (a) of this section) by electronically filing the initiating documents with the clerk of the court through the NYSCEF site. A Guide to Commercial Claims Court is available at the court listed above. (2) Preliminary conference calendar. Rivera, J. (a) Such proceedings involving residential property shall be commenced in the housing part. Any other party may move at the appropriate motion part to modify or vacate such ex parte order. (2) If the defendant appears but the plaintiff does not, the judge may dismiss the action and may order a severance of counterclaims or cross- claims. 2. (4) Where there is an issue of fact to be tried the court may, in its discretion, order an immediate trial of such issue, in which event the action shall be referred to the administrative judge or a designee for assignment. discovery. The petitioner may (optionally) list a telephone number which may be used to call for repair and service. (a) Applications for a day certain for trial shall be made to the calendar judge or, if no calendar part has been established, to the trial judge on an affidavit of the attorney of record or a stipulation of the attorneys for all parties, that trial counsel, a party or a material witness resides more than 100 miles from the courthouse or is in the military service or that some other undue hardship exists. Thus, the questions raised are: (1) was the claim served upon defendant on July 25, 2005, improperly verified, and (2) if so, was the claim properly rejected by defendant. Under the law, the Court may award $25 additional costs to the plaintiff if a jury trial is demanded by you and a decision is rendered against you. Sec. filed Jan. 9, 1986; amds. "No excuse at all, or a perfunctory excuse, cannot be 'good cause'" (id.). . (2) Trial Part. Additionally it must be noted that all persons choosing to act as their own counsel should research the law prior to commencing a proceeding or submitting an answer. A party rejecting a pleading based on a defective verification must give notice of the rejection with due diligence. (CPLR 3022) The statute specifies neither the content nor the timing of the rejection, but the Court of Appeals has read it to include a requirement that the nature of the defect must be specified (Miller v Bd. 208.37 Executions You cannot be arrested or sent to jail for owing a debt. Added on May 16, 2008 In the event such opposing papers are filed, the party applying for the preference may, within five days thereafter, serve and file in like manner papers in rebuttal. 84 NY Jur 2d, Pleading 62 provides: With respect to this claim, defendant's rejection letter states that the claim is being returned because "it does not contain the required verification language" (motion, exhibit B, at unnumbered second page). CPLR 3021 requires that, when a person other than a party makes the verification, the [*3]verification must include, inter alia, "the reason why it is not made by the party," and CPLR 3020 (d) (3) authorizes a lawyer to make the verification when the party "is not in the county where the attorney has his [or her] office.". [FNa1] If the cause of action is for money only and a formal complaint is not attached to the summons, strike the words "annexed complaint." referer= & httpsredir=1 & article=2741 & context=lawreview . (2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State. If your defense or counterclaim, if any, is supported by witnesses, account books, receipts or other documents, you must produce them at the hearing. Temporary Restraining Order Notice, O.S.C. A counterclaim or cross-claim which is not entitled to a preference shall not itself defeat the plaintiff's right to a preference under this section. filed Jan. 9, 1986; amd. Notice or order for new trial, based upon a technical defect in the NYCCCA and the CPLR the... Or exhibit annexed to a summons and complaint court in which the action was instituted the CLERK ( PERSONAL )! Of all affidavits and briefs as required by CPLR 2214 or vacate such ex order. 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