N.Y. Comp. Codes R. & Regs. tit. 22 § 212.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 212.7 - Pleadings

(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof, shall be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

(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.

(f) In addition to those cases in which formal pleadings are required by UDCA 902, the pleadings shall be formal in all of the following actions for money only:

(1) those in which property is held under a levy pursuant to an order of attachment;

(2) upon an agreement of guaranty, surety or indemnification;

(3) upon an insurance policy;

(4) for a penalty of forfeiture;

(5) for a commission;

(6) for fraud and deceit;

(7) for malicious prosecution;

(8) for false imprisonment;

(9) for libel or slander;

(10) for malpractice;

(11) for assault;

(12) for conspiracy; and on any other cause of action where the amount claimed is more than $1,500.

(g) Unless otherwise directed by the court or by statute, parties shall file a copy of all pleadings, together with proof of service, with the clerk of the district in which the action is brought within 10 days after service.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.7