CVP - Civil Practice Law & Rules
- Article 1 - (101 - 107) SHORT TITLE; APPLICABILITY AND DEFINITIONS
- Article 2 - (201 - 218) LIMITATIONS OF TIME
- 201 - Application of article.
- 202 - Cause of action accruing without the state.
- 203 - Method of computing periods of limitation generally.
- 204 - Stay of commencement of action; demand for arbitration.
- 205 - Termination of action.
- 206 - Computing periods of limitation in particular actions.
- 207 - Defendant's absence from state or residence under false name.
- 208 - Infancy, insanity.
- 209 - War.
- 210 - Death of claimant or person liable; cause of action accruing after death and before grant of letters.
- 211 - Actions to be commenced within twenty years.
- 212 - Actions to be commenced within ten years.
- 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real
- 213-A - Actions to be commenced within four years; residential rent overcharge.
- 213-B - Action by a victim of a criminal offense.
- 213-C - Action by victim of conduct constituting certain sexual offenses.
- 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for i
- 214-A - Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions.
- 214-B - Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides.
- 214-C - Certain actions to be commenced within three years of discovery.
- 214-D - Limitations on certain actions against licensed engineers and architects.
- 214-E - Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human immunodeficie
- 215 - Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, mali
- 216 - Abbreviation of period to one year after notice.
- 217 - Proceeding against body or officer; actions complaining about conduct that would constitute a union's breach of its duty of fair representation; four
- 218 - Transitional provisions.
- Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
- 301 - Jurisdiction over persons, property or status.
- 302 - Personal jurisdiction by acts of non-domiciliaries.
- 303 - Designation of attorney as agent for service.
- 304 - Method of commencing action or special proceeding.
- R305 - Summons; supplemental summons, amendment.
- 306-A - Index number in an action or proceeding commenced in supreme or county court.
- 306-B - Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show c
- R306 - Proof of service.
- 307 - Personal service upon the state.
- 308 - Personal service upon a natural person.
- 309 - Personal service upon an infant, incompetent or conservatee.
- 310 - Personal service upon a partnership.
- 310-A - Personal service upon a limited partnership.
- 311 - Personal service upon a corporation or governmental subdivision.
- 311-A - Personal service on limited liability companies.
- 312 - Personal service upon a court, board or commission.
- 312-A - Personal service by mail.
- 313 - Service without the state giving personal jurisdiction.
- 314 - Service without the state not giving personal jurisdiction in certain actions.
- 315 - Service by publication authorized.
- R316 - Service by publication.
- 317 - Defense by person to whom summons not personally delivered.
- R318 - Designation of agent for service.
- R320 - Defendant's appearance.
- 321 - Attorneys.
- R322 - Authority for appearance of attorney in real property action.
- 325 - Grounds for removal.
- R326 - Procedure on removal.
- R327 - Inconvenient forum.
- R328 - Assistance to tribunals and litigants outside the state.
- Article 4 - (401 - R411) SPECIAL PROCEEDINGS
- Article 5 - (501 - 513) VENUE
- 501 - Contractual provisions fixing venue.
- 502 - Conflicting venue provisions.
- 503 - Venue based on residence.
- 504 - Actions against counties, cities, towns, villages, school districts and district corporations.
- 505 - Actions involving public authorities.
- 506 - Where special proceeding commenced.
- 507 - Real property actions.
- 508 - Actions to recover a chattel.
- 509 - Venue in county designated.
- 510 - Grounds for change of place of trial.
- R511 - Change of place of trial.
- R512 - Change of place of trial of action or issue triable without a jury.
- 513 - Misplacement of venue in consumer credit transactions.
- Article 6 - (601 - 604) JOINDER OF CLAIMS, CONSOLIDATION AND SEVERANCE
- Article 9 - (901 - R909) CLASS ACTIONS
- 901 - Prerequisites to a class action.
- 902 - Order allowing class action.
- 903 - Description of class.
- 904 - Notice of class action.
- 905 - Judgment.
- 906 - Actions conducted partially as class actions.
- R907 - Orders in conduct of class actions.
- R908 - Dismissal, discontinuance or compromise.
- R909 - Attorneys' fees.
- Article 10 - (1001 - 1026) PARTIES GENERALLY
- 1001 - Necessary joinder of parties.
- 1002 - Permissive joinder of parties.
- 1003 - Nonjoinder and misjoinder of parties.
- 1004 - When joinder unnecessary.
- 1006 - Interpleader.
- 1007 - When third-party practice allowed.
- 1008 - Answer of third-party defendant; defenses.
- R1009 - Claim by plaintiff against third-party defendant.
- R1010 - Dismissal or separate trial of third-party complaint.
- R1011 - Successive third-party proceedings; counterclaims.
- 1012 - Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue.
- 1013 - Intervention by permission.
- 1014 - Proposed intervention pleading.
- 1015 - Substitution upon death.
- 1016 - Substitution of committee or conservator.
- 1017 - Substitution in case of receivership or dissolution of a corporation.
- 1018 - Substitution upon transfer of interest.
- 1019 - Substitution of public officers.
- 1020 - Substitution of indemnitors for executing or attaching officer.
- 1021 - Substitution procedure; dismissal for failure to substitute; presentation of appeal.
- 1022 - Substitution: extension of time for taking procedural steps.
- 1023 - Public body or officer described by official title.
- 1024 - Unknown parties.
- 1025 - Partnerships and unincorporated associations.
- 1026 - Review of determinations by administrative officers of the unified court system.
- Article 11 - (1101 - 1103) POOR PERSONS
- Article 12 - (1201 - R1211) INFANTS, INCOMPETENTS AND CONSERVATEES
- 1201 - Representation of infant, incompetent person, or conservatee.
- R1202 - Appointment of guardian ad litem.
- 1203 - Default judgment.
- 1204 - Compensation of guardian ad litem.
- 1205 - Liability for costs of infant, judicially declared incompetent, or conservatee, or representative.
- 1206 - Disposition of proceeds of claim of infant, judicially declared incompetent or conservatee.
- 1207 - Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice; order of set
- R1208 - Settlement procedure; papers; representation.
- 1209 - Arbitration of controversy involving infant, judicially declared incompetent or conservatee.
- R1210 - Guardian of infant.
- R1211 - Allowance for infant's support.
- Article 13 - (1301 - 1303) ACTIONS BY THE STATE
- Article 13-A - (1310 - 1352) PROCEEDS OF A CRIME-FORFEITURE
- 1310 - Definitions.
- 1311 - Forfeiture actions.
- 1311-A - Subpoena duces tecum.
- 1312 - Provisional remedies; generally.
- 1313 - Debt or property subject to attachment; proper garnishee.
- 1314 - Attaching creditor's rights in personal property.
- 1315 - Discharge of garnishee's obligation.
- 1316 - Order of attachment on notice; temporary restraining order; contents.
- 1317 - Order of attachment without notice.
- 1318 - Motion papers; filing; demand; damages.
- 1319 - Service of summons.
- 1320 - Levy upon personal property by service of order.
- 1321 - Levy upon personal property by seizure.
- 1322 - Levy upon real property.
- 1323 - Additional undertaking to carrier garnishee.
- 1324 - Claiming agent's duties after levy.
- 1325 - Garnishee's statement.
- 1326 - Disclosure.
- 1327 - Proceedings to determine adverse claims.
- 1328 - Discharge of attachment.
- 1329 - Vacating or modifying attachment.
- 1330 - Annulment of attachment.
- 1331 - Return of property; directions to clerk and claiming agent.
- 1332 - Disposition of attachment property after execution issued; priority of orders of attachment.
- 1333 - Grounds for preliminary injunction and temporary restraining order.
- 1334 - Motion papers.
- 1335 - Temporary restraining order.
- 1336 - Vacating or modifying preliminary injunction or temporary restraining order.
- 1337 - Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order.
- 1338 - Appointment and powers of temporary receiver.
- 1339 - Oath.
- 1340 - Undertaking.
- 1341 - Accounts.
- 1342 - Removal.
- 1343 - Notice of pendency; constructive notice.
- 1344 - Filing, content and indexing of notice of pendency.
- 1345 - Service of summons.
- 1346 - Duration of notice of pendency.
- 1347 - Motion for cancellation of notice of pendency.
- 1348 - Undertaking for cancellation of notice of pendency.
- 1349 - Disposal of property.
- 1350 - Rules of procedure; in general.
- 1351 - Application of article.
- 1352 - Preservation of other rights and remedies.
- Article 13-B - (1353 - 1355) CIVIL REMEDIES; ENTERPRISE CORRUPTION
- Article 14 - (1401 - 1404) CONTRIBUTION
- Article 14-A - (1411 - 1413) DAMAGE ACTIONS: EFFECT OF CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK
- Article 15 - (1501 - 1502) ACTIONS AGAINST PERSONS JOINTLY LIABLE
- Article 16 - (1600 - 1603) LIMITED LIABILITY OF PERSONS JOINTLY LIABLE
- Article 20 - (2001 - 2005) MISTAKES, DEFECTS, IRREGULARITIES AND EXTENSIONS OF TIME
- Article 21 - (R2101 - R2106) PAPERS
- Article 22 - (2201 - R2223) STAY, MOTIONS, ORDERS AND MANDATES
- 2201 - Stay.
- 2211 - Application for order; when motion made.
- 2212 - Where motion made, in supreme court action.
- 2213 - Where motion made, in county court action.
- R2214 - Motion papers; service; time.
- R2215 - Relief demanded by other than moving party.
- R2217 - Prior motion; ex parte motion; transfer of motion.
- 2218 - Trial of issue raised on motion.
- R2219 - Time and form of order.
- R2220 - Entry and filing of order; service.
- R2221 - Motion affecting prior order.
- R2222 - Docketing order as judgment.
- R2223 - Duties of officer receiving mandate.
- Article 23 - (2301 - 2310) SUBPOENAS, OATHS AND AFFIRMATIONS
- 2301 - Scope of subpoena.
- 2302 - Authority to issue.
- 2303 - Service of subpoena; payment of fees in advance.
- 2303-A - Service of a trial subpoena.
- 2304 - Motion to quash, fix conditions or modify.
- 2305 - Attendance required pursuant to subpoena; possession of books, records, documents or papers.
- 2306 - Hospital records; medical records of department or bureau of a municipal corporation or of the state.
- 2307 - Books, papers and other things of a library, department or bureau of a municipal corporation or of the state.
- 2308 - Disobedience of subpoena.
- 2309 - Oaths and affirmations.
- 2310 - Exclusions from article.
- Article 24 - (2401 - 2402) PUBLICATION
- Article 25 - (2501 - 2513) UNDERTAKINGS
- 2501 - Undertaking; definition.
- 2502 - Surety; form of affidavit; two or more undertakings; condition; acknowledgment.
- 2503 - Undertaking of more than one thousand dollars; real property; lien.
- 2504 - Waiver of undertaking; removal and change of parties.
- 2505 - Filing of undertaking; service upon adverse party; time when effective.
- 2506 - Exception to surety; allowance where no exception taken.
- 2507 - Justification of surety.
- 2508 - Motion for new or additional undertaking.
- 2509 - Control of assets by agreement with surety.
- 2510 - Discharge of surety on the undertaking of a fiduciary.
- 2511 - Liability of surety.
- 2512 - Undertaking by the state, municipal corporation or public officer.
- 2513 - Action on undertaking to a public officer, board or municipal corporation.
- Article 26 - (2601 - R2609) PROPERTY PAID INTO COURT
- 2601 - Payment of money or securities into court.
- 2602 - Payment into court of property other than money or securities; deposit with warehouse or safe deposit company.
- 2603 - Cost of administration of property paid into court.
- 2604 - Calculation of gross sum in lieu of income.
- R2605 - Duties of depositories.
- R2606 - Obtaining order for payment out of court.
- R2607 - Payment of property paid into court.
- 2608 - Liability of custodian.
- R2609 - Deposit by referee appointed to sell property.
- Article 27 - (2701 - 2703) DISPOSITION OF PROPERTY IN LITIGATION
- Article 30 - (3001 - 3045) REMEDIES AND PLEADING
- 3001 - Declaratory judgment.
- 3002 - Actions and relief not barred for inconsistency.
- 3003 - Action for periodic payments due under pension or retirement contract no bar to action for future installments.
- 3004 - Where restoration of benefits before judgment unnecessary.
- 3005 - Relief against mistake of law.
- 3011 - Kinds of pleadings.
- 3012 - Service of pleadings and demand for complaint.
- 3012-A - Certificate of merit in medical, dental and podiatric malpractice actions.
- 3013 - Particularity of statements generally.
- R3014 - Statements.
- R3015 - Particularity as to specific matters.
- R3016 - Particularity in specific actions.
- 3017 - Demand for relief.
- 3018 - Responsive pleadings.
- 3019 - Counterclaims and cross-claims.
- 3020 - Verification.
- R3021 - Form of affidavit of verification.
- R3022 - Remedy for defective verification.
- R3023 - Construction of verified pleading.
- R3024 - Motion to correct pleadings.
- R3025 - Amended and supplemental pleadings.
- 3026 - Construction.
- 3031 - Simplified procedure for court determination of disputes--action without pleadings.
- R3032 - Contents of statement.
- 3033 - Contracts to submit; enforcement of submission.
- R3034 - Motion procedure to settle statement terms.
- 3035 - Simplified procedure authorized.
- R3036 - Court determination.
- 3037 - Appeal.
- 3041 - Bill of particulars in any case.
- R3042 - Procedure for bill of particulars.
- R3043 - Bill of particulars in personal injury actions.
- 3044 - Verification of bill of particulars.
- 3045 - Arbitration of damages in medical, dental or podiatric malpractice actions.
- Article 31 - (3101 - 3140) DISCLOSURE
- 3101 - Scope of disclosure.
- 3102 - Method of obtaining disclosure.
- 3103 - Protective orders.
- 3104 - Supervision of disclosure.
- R3105 - Notice to party in default.
- R3106 - Priority of depositions; witnesses; prisoners; designation of deponent.
- R3107 - Notice of taking oral questions.
- R3108 - Written questions; when permitted.
- R3109 - Notice of taking deposition on written questions.
- R3110 - Where the deposition is to be taken within the state.
- R3111 - Production of things at the examination.
- R3112 - Errors in notice for taking depositions.
- R3113 - Conduct of the examination.
- R3114 - Examination of witness who does not understand the English language.
- R3115 - Objections to qualification of person taking deposition; competency; questions and answers.
- R3116 - Signing deposition; physical preparation; copies.
- R3117 - Use of depositions.
- R3118 - Demand for address of party or of person who possessed an assigned cause of action or defense.
- 3119 - Uniform interstate depositions and discovery.
- R3120 - Discovery and production of documents and things for inspection, testing, copying or photographing.
- 3121 - Physical or mental examination.
- R3122 - Objection to disclosure, inspection or examination; compliance.
- R3122-A - Certification of business records.
- 3123 - Admissions as to matters of fact, papers, documents and photographs.
- R3124 - Failure to disclose; motion to compel disclosure.
- R3125 - Place where motion to compel disclosure made.
- 3126 - Penalties for refusal to comply with order or to disclose.
- 3130 - Use of interrogatories.
- 3131 - Scope of interrogatories.
- R3132 - Service of interrogatories.
- R3133 - Service of answers or objections to interrogatories.
- 3140 - Disclosure of appraisals in proceedings for condemnation, appropriation or review of tax assessments.
- Article 32 - (3201 - R3222) ACCELERATED JUDGMENT
- 3201 - Confession of judgment before default on certain installment contracts invalid.
- R3211 - Motion to dismiss.
- R3212 - Motion for summary judgment.
- 3213 - Motion for summary judgment in lieu of complaint.
- R3214 - Motions heard by judge supervising disclosure; stay of disclosure.
- 3215 - Default judgment.
- R3216 - Want of prosecution.
- R3217 - Voluntary discontinuance.
- 3218 - Judgment by confession.
- R3219 - Tender.
- R3220 - Offer to liquidate damages conditionally.
- R3221 - Offer to compromise.
- R3222 - Action on submitted facts.
- Article 34 - (R3401 - R3408) CALENDAR PRACTICE; TRIAL PREFERENCES
- R3401 - Rules for the hearing of causes.
- R3402 - Note of issue.
- R3403 - Trial preferences.
- R3404 - Dismissal of abandoned cases.
- R3405 - Arbitration of certain claims.
- R3406 - Mandatory filing and pre-calendar conference in dental, podiatric and medical malpractice actions.
- R3407 - Preliminary conference in personal injury actions involving certain terminally ill parties.
- R3408 - Mandatory settlement conference in residential foreclosure actions.
- Article 40 - (4001 - R4019) TRIAL GENERALLY
- 4001 - Powers of referees.
- R4011 - Sequence of trial.
- R4012 - Marked pleadings furnished.
- R4013 - Trial elsewhere than at courthouse.
- R4014 - Duration of trial.
- R4015 - Time for motion for referee or advisory jury.
- R4016 - Opening and closing statements.
- 4017 - Objections.
- R4018 - Increased damages.
- R4019 - Recording in camera interviews of infants.
- Article 41 - (4101 - 4113) TRIAL BY A JURY
- 4101 - Issues triable by a jury revealed before trial.
- 4102 - Demand and waiver of trial by jury; specification of issues.
- 4103 - Issues triable by a jury revealed at trial; demand and waiver of trial by jury.
- 4104 - Number of jurors.
- 4105 - Persons who constitute the jury.
- 4106 - Alternate jurors.
- R4107 - Judge present at examination of jurors.
- 4108 - Challenges generally.
- 4109 - Peremptory challenges.
- 4110 - Challenges for cause.
- 4110-A - Competency of inhabitants as justices or jurors; undertakings not required of village.
- 4110-B - Instructions to jury; objection.
- 4110-C - Trial jury; viewing of premises.
- R4111 - General and special verdicts and written interrogatories.
- R4112 - Entry of verdict.
- 4113 - Disagreement by jury.
- Article 42 - (4201 - 4213) TRIAL BY THE COURT
- Article 43 - (4301 - R4321) TRIAL BY A REFEREE
- 4301 - Powers of referee to determine.
- R4311 - Order of reference.
- R4312 - Number of referees; qualifications.
- R4313 - Notice.
- R4314 - Successor referee.
- R4315 - Referee to be sworn.
- R4316 - Procedure where more than one referee.
- 4317 - When reference to determine may be used.
- 4318 - Conduct of trial.
- 4319 - Decision.
- 4320 - Reference to report.
- R4321 - Fees and expenses.
- Article 44 - (R4401 - R4406) TRIAL MOTIONS
- 4401-A - Motion for judgment.
- R4401 - Motion for judgment during trial.
- R4402 - Motion for continuance or new trial during trial.
- R4403 - Motion for new trial or to confirm or reject or grant other relief after reference to report or verdict of advisory jury.
- R4404 - Post-trial motion for judgment and new trial.
- R4405 - Time and judge before whom post-trial motion made.
- R4406 - Single post-trial motion.
- Article 45 - (4501 - 4548) EVIDENCE
- 4501 - Self-incrimination.
- 4502 - Spouse.
- 4503 - Attorney.
- 4504 - Physician, dentist, podiatrist, chiropractor and nurse.
- 4505 - Confidential communication to clergy privileged.
- 4506 - Eavesdropping evidence; admissibility; motion to suppress in certain cases.
- 4507 - Psychologist.
- 4508 - Social worker.
- 4509 - Library records.
- 4510 - Rape crisis counselor.
- R4511 - Judicial notice of law.
- 4512 - Competency of interested witness or spouse.
- 4513 - Competency of person convicted of crime.
- R4514 - Impeachment of witness by prior inconsistent statement.
- R4515 - Form of expert opinion.
- R4516 - Proof of age of child.
- R4517 - Prior testimony in a civil action.
- R4518 - Business records.
- 4519 - Personal transaction or communication between witness and decedent or mentally ill person.
- R4520 - Certificate or affidavit of public officer.
- R4521 - Lack of record.
- R4522 - Ancient filed maps, surveys and records affecting real property.
- R4523 - Search by title insurance or abstract company.
- R4524 - Conveyance of real property without the state.
- R4525 - Copies of statements under article nine of the uniform commercial code.
- R4526 - Marriage certificate.
- 4527 - Death or other status of missing person.
- R4528 - Weather conditions.
- R4529 - Inspection certificate issued by United States department of agriculture.
- 4530 - Certificate of population.
- R4531 - Affidavit of service or posting notice by person unavailable at trial.
- R4532 - Self-authentication of newspapers and periodicals of general circulation.
- R4532-A - Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests.
- R4533 - Market reports.
- R4533-A - Prima facie proof of damages.
- R4533-B - Proof of payment by joint tort-feasor.
- R4534 - Standard of measurement used by surveyor.
- R4536 - Proof of writing by comparison of handwriting.
- R4537 - Proof of writing subscribed by witness.
- R4538 - Acknowledged, proved or certified writing; conveyance of real property without the state.
- R4539 - Reproductions of original.
- R4540 - Authentication of official record of court or government office in the United States.
- R4541 - Proof of proceedings before justice of the peace.
- R4542 - Proof of foreign records and documents.
- 4543 - Proof of facts or writing by methods other than those authorized in this article.
- 4544 - Contracts in small print.
- 4545 - Admissibility of collateral source of payment.
- 4546 - Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice.
- 4547 - Compromise and offers to compromise.
- 4548 - Privileged communications; electronic communication thereof.
- Article 50 - (5001 - 5021) JUDGMENTS GENERALLY
- 5001 - Interest to verdict, report or decision.
- 5002 - Interest from verdict, report or decision to judgment.
- 5003 - Interest upon judgment.
- 5003-A - Prompt payment following settlement.
- 5004 - Rate of interest.
- 5011 - Definition and content of judgment.
- R5012 - Judgment upon part of cause of action; upon several causes.
- R5013 - Effect of judgment dismissing claim.
- 5014 - Action upon judgment.
- R5015 - Relief from judgment or order.
- R5016 - Entry of judgment.
- R5017 - Judgment-roll.
- 5018 - Docketing of judgment.
- 5019 - Validity and correction of judgment or order; amendment of docket.
- 5020 - Satisfaction-piece.
- 5020-A - Payment of judgment in certain cases.
- 5021 - Entry of satisfaction.
- Article 50-A - (5031 - 5039) PERIODIC PAYMENT OF JUDGMENTS IN MEDICAL AND DENTAL MALPRACTICE ACTIONS
- Article 50-B - (5041 - 5049) PERIODIC PAYMENT OF JUDGMENTS IN PERSONAL INJURY, INJURY TO PROPERTY AND WRONGFUL DEATH ACTIONS
- 5041 - Basis for determining judgment to be entered.
- 5042 - Form of security.
- 5043 - Posting and maintaining security.
- 5044 - Failure to make payment.
- 5045 - Effect of death of judgment creditor.
- 5046 - Adjustment of payments.
- 5047 - Settlements.
- 5048 - Assignment of periodic installments.
- 5049 - Duties of superintendent of insurance.
- Article 51 - (5101 - 5107) ENFORCEMENT OF JUDGMENTS AND ORDERS GENERALLY
- 5101 - Enforcement of money judgment or order.
- 5102 - Enforcement of judgment or order awarding possession of real property or a chattel.
- 5103 - Enforcement of judgment or order directing sale of real property.
- 5104 - Enforcement of judgment or order by contempt.
- 5105 - Alternative enforcement of judgment or order.
- 5106 - Appointment of receiver.
- 5107 - Conveyance by sheriff.
- Article 52 - (5201 - 5252) ENFORCEMENT OF MONEY JUDGMENTS
- 5201 - Debt or property subject to enforcement; proper garnishee.
- 5202 - Judgment creditor's rights in personal property.
- 5203 - Priorities and liens upon real property.
- 5204 - Release of lien or levy upon appeal.
- 5205 - Personal property exempt from application to the satisfaction of money judgments.
- 5206 - Real property exempt from application to the satisfaction of money judgments.
- 5207 - Enforcement involving the state.
- 5208 - Enforcement after death of judgment debtor; leave of court; extension of lien.
- 5209 - Discharge of garnishee's obligation.
- 5210 - Power of court to punish for contempt.
- 5211 - Privilege on examination; immunity.
- 5221 - Where enforcement proceeding commenced.
- 5222 - Restraining notice.
- 5222-A - Service of notices and forms and procedure for claim of exemption.
- 5223 - Disclosure.
- R5224 - Subpoena; procedure.
- 5225 - Payment or delivery of property of judgment debtor.
- 5226 - Installment payment order.
- 5227 - Payment of debts owed to judgment debtor.
- 5228 - Receivers.
- 5229 - Enforcement before judgment entered.
- 5230 - Executions.
- 5231 - Income execution.
- 5232 - Levy upon personal property.
- 5233 - Sale of personal property.
- 5234 - Distribution of proceeds of personal property; priorities.
- 5235 - Levy upon real property.
- 5236 - Sale of real property.
- 5237 - Failure of title to property sold.
- 5238 - Directions to the sheriff.
- 5239 - Proceeding to determine adverse claims.
- 5240 - Modification or protective order; supervision of enforcement.
- 5241 - Income execution for support enforcement.
- 5242 - Income deduction order for support enforcement.
- 5250 - Arrest of judgment debtor.
- 5251 - Disobedience of subpoena, restraining notice or order; false swearing; destroying notice of sale.
- 5252 - Discrimination against employees and prospective employees based upon wage assignment or income execution.
- Article 53 - (5301 - 5309) RECOGNITION OF FOREIGN COUNTRY MONEY JUDGMENTS SUMMARY OF ARTICLE
- Article 54 - (5401 - 5408) ENFORCEMENT OF JUDGMENTS ENTITLED TO FULL FAITH AND CREDIT SUMMARY OF ARTICLE
- Article 55 - (5501 - R5532) APPEALS GENERALLY
- 5501 - Scope of review.
- 5511 - Permissible appellant and respondent.
- 5512 - Appealable paper; entry of order made out of court.
- 5513 - Time to take appeal, cross-appeal or move for permission to appeal.
- 5514 - Extension of time to take appeal or to move for permission to appeal.
- 5515 - Taking an appeal; notice of appeal.
- R5516 - Motion for permission to appeal.
- 5517 - Subsequent orders.
- 5518 - Preliminary injunction or temporary restraining order by appellate division.
- 5519 - Stay of enforcement.
- 5520 - Omissions; appeal by improper method.
- R5521 - Preferences.
- R5522 - Disposition of appeal.
- 5523 - Restitution.
- R5524 - Entry of order; remittitur and further proceedings.
- R5525 - Preparation and settlement of transcript; statement in lieu of transcript.
- R5526 - Content and form of record on appeal.
- R5527 - Statement in lieu of record on appeal.
- R5528 - Content of briefs and appendices.
- R5529 - Form of briefs and appendices.
- R5530 - Filing record and briefs; service of briefs.
- R5531 - Description of action.
- R5532 - Stipulation in lieu of certification.
- Article 56 - (5601 - 5615) APPEALS TO THE COURT OF APPEALS
- 5601 - Appeals to the court of appeals as of right.
- 5602 - Appeals to the court of appeals by permission.
- 5611 - When appellate division order deemed final.
- 5612 - Presumptions as to determinations of questions of fact.
- 5613 - Disposition upon reversal or modification.
- 5614 - Disposition upon certified questions.
- 5615 - Disposition upon appeal from order granting new trial or hearing.
- Article 57 - (5701 - 5713) APPEALS TO THE APPELLATE DIVISION
- 5701 - Appeals to appellate division from supreme and county courts.
- 5702 - Appeals to appellate division from other courts of original instance.
- 5703 - Appeals to appellate division from appellate courts.
- 5704 - Review of ex parte orders.
- 5711 - Where appeal heard.
- 5712 - Content of order determining appeal.
- 5713 - Content of order granting permission to appeal to court of appeals.
- Article 60 - (6001) PROVISIONAL REMEDIES GENERALLY
- Article 62 - (6201 - 6226) ATTACHMENT
- 6201 - Grounds for attachment.
- 6202 - Debt or property subject to attachment; proper garnishee.
- 6203 - Attaching creditor's rights in personal property.
- 6204 - Discharge of garnishee's obligation.
- 6205 - Order of attachment in certain cases.
- 6210 - Order of attachment on notice; temporary restraining order; contents.
- 6211 - Order of attachment without notice.
- R6212 - Motion papers; undertaking; filing; demand; damages.
- 6213 - Service of summons.
- 6214 - Levy upon personal property by service of order.
- 6215 - Levy upon personal property by seizure.
- 6216 - Levy upon real property.
- 6217 - Additional undertaking to carrier garnishee.
- 6218 - Sheriff's duties after levy.
- 6219 - Garnishee's statement.
- 6220 - Disclosure.
- 6221 - Proceedings to determine adverse claims.
- 6222 - Discharge of attachment.
- 6223 - Vacating or modifying attachment.
- 6224 - Annulment of attachment.
- 6225 - Return of property; directions to clerk and sheriff.
- 6226 - Disposition of attached property after execution issued; priority of orders of attachment.
- Article 63 - (6301 - 6330) INJUNCTION
- 6301 - Grounds for preliminary injunction and temporary restraining order.
- 6311 - Preliminary injunction.
- R6312 - Motion papers; undertaking; issues of fact.
- 6313 - Temporary restraining order.
- 6314 - Vacating or modifying preliminary injunction or temporary restraining order.
- 6315 - Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order.
- 6330 - Obscene prints and articles; jurisdiction.
- Article 64 - (6401 - 6405) RECEIVERSHIP
- Article 65 - (6501 - 6516) NOTICE OF PENDENCY
- 6501 - Notice of pendency; constructive notice.
- R6511 - Filing, content and indexing of notice of pendency.
- 6512 - Service of summons.
- 6513 - Duration of notice of pendency.
- 6514 - Motion for cancellation of notice of pendency.
- 6515 - Undertaking for cancellation of notice of pendency; security by plaintiff.
- 6516 - Successive notices of pendency.
- Article 70 - (7001 - 7012) HABEAS CORPUS
- 7001 - Application of article; special proceeding.
- 7002 - Petition.
- 7003 - When the writ shall be issued.
- 7004 - Content of writ.
- 7005 - Service of the writ.
- 7006 - Obedience to the writ.
- 7007 - Warrant preceding or accompanying writ.
- 7008 - Return.
- 7009 - Hearing.
- 7010 - Determination of proceeding.
- 7011 - Appeal.
- 7012 - Redetention after discharge.
- Article 71 - (7101 - 7112) RECOVERY OF CHATTEL
- 7101 - When action may be brought.
- 7102 - Seizure of chattel on behalf of plaintiff.
- 7103 - Reclaiming, impounding or returning chattel.
- 7104 - Seizing, reclaiming or returning less than all chattels.
- 7105 - Sale of perishable property.
- 7106 - Payment of sheriff's fees and expenses; liability of sheriff.
- 7107 - Sheriff's return.
- 7108 - Judgment; execution in certain cases; enforcement by contempt.
- 7109 - Unique chattel.
- 7110 - Sheriff's powers.
- 7111 - Action on undertaking.
- 7112 - Testimony by deposition to ascertain location of chattel.
- Article 72 - (7201 - 7205) RECOVERY OF PENALTY OR FORFEITURE
- Article 75 - (7501 - 7514) ARBITRATION
- 7501 - Effect of arbitration agreement.
- 7502 - Applications to the court; venue; statutes of limitation; provisional remedies.
- 7503 - Application to compel or stay arbitration; stay of action; notice of intention to arbitrate.
- 7504 - Court appointment of arbitrator.
- 7505 - Powers of arbitrator.
- 7506 - Hearing.
- 7507 - Award; form; time; delivery.
- 7508 - Award by confession.
- 7509 - Modification of award by arbitrator.
- 7510 - Confirmation of award.
- 7511 - Vacating or modifying award.
- 7512 - Death or incompetency of a party.
- 7513 - Fees and expenses.
- 7514 - Judgment on an award.
- Article 75-A - (7550 - 7565) HEALTH CARE ARBITRATION
- 7550 - Definitions.
- 7551 - Applicability.
- 7552 - Health care arbitration proceedings.
- 7553 - Costs of the proceeding.
- 7554 - Selection of arbitrators.
- 7555 - Screening for bias; communication with arbitrator candidates.
- 7556 - Demand for arbitration; minors; consolidation of proceedings.
- 7557 - Reparation offers; denials of liability.
- 7558 - Depositions and discovery; rules of the arbitration administrator; adjournments.
- 7559 - Hearing; evidence; record; neutral experts.
- 7560 - Subpoenas.
- 7561 - Use of depositions; enforcement of discovery procedures.
- 7562 - Witnesses' fees and mileage; arbitrators' fees and expenses.
- 7563 - Briefs; award; decision.
- 7564 - Form of decision; costs upon frivolous claims and counterclaims.
- 7565 - Modification and judicial review of decision.
- Article 76 - (7601) PROCEEDING TO ENFORCE AGREEMENT FOR DETERMINATION OF ISSUE
- Article 77 - (7701 - 7706) PROCEEDING RELATING TO EXPRESS TRUST
- Article 78 - (7801 - 7806) PROCEEDING AGAINST BODY OR OFFICER
- Article 80 - (8001 - 8022) FEES
- 8001 - Persons subpoenaed; examination before trial; transcripts of records.
- 8002 - Stenographers.
- 8003 - Referees.
- 8004 - Commissions of receivers.
- 8005 - Commissions of trustees; advance payment of fees of an attorney-trustee.
- 8006 - Premiums on undertakings by fiduciaries.
- 8007 - Printers.
- 8008 - Fees and expenses of officer to be paid before transmission of paper.
- 8009 - Oaths; acknowledgments; certification or exemplification.
- 8010 - County treasurers.
- 8011 - Fixed fees of sheriffs.
- 8012 - Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
- 8013 - Expenses of sheriffs.
- 8014 - Collection of sheriff's fees on execution.
- 8015 - County clerk where sheriff is a party or otherwise disqualified.
- 8016 - Clerks of courts of record generally.
- 8017 - Exemption of the state and counties, and agencies and officers thereof, from fees of clerks.
- 8018 - Index number fees of county clerks.
- 8019 - County clerks generally.
- 8020 - County clerks as clerks of court.
- 8021 - County clerks other than as clerks of court.
- 8022 - Fee on civil appeals proceedings before appellate courts.
- Article 81 - (8101 - 8110) COSTS GENERALLY
- 8101 - Costs in an action.
- 8102 - Limitation of costs where action brought in higher court.
- 8103 - Costs where parties prevail upon separate issues.
- 8104 - Costs in consolidated, severed or removed action.
- 8105 - Costs where more than one plaintiff or defendant.
- 8106 - Costs upon motion.
- 8107 - Costs upon appeal.
- 8108 - Specification of denial or award of costs.
- 8109 - Defendant's costs against the state.
- 8110 - Costs against a fiduciary.
- Article 82 - (8201 - 8204) AMOUNT OF COSTS
- Article 83 - (8301 - 8303-A) DISBURSEMENTS AND ADDITIONAL ALLOWANCES
- 8301 - Taxable disbursements.
- 8302 - Additional allowance to plaintiff as of right in real property actions.
- 8303 - Additional allowance in the discretion of the court.
- 8303-A - Costs upon frivolous claims and counterclaims in actions to recover damages for personal injury, injury to property or wrongful death.
- Article 84 - (8401 - 8404) TAXATION OF COSTS
- Article 85 - (8501 - 8503) SECURITY FOR COSTS
- Article 86 - (8600 - 8605) COUNSEL FEES AND EXPENSES IN CERTAIN ACTIONS AGAINST THE STATE
- Article 90 - (R9001 - R9003) FAILURE OR ADJOURNMENT OF TERM OF COURT
- R9001 - No abatement by failure, adjournment, or change of time or place of term of court.
- R9002 - Death, disability or incapacity of judge following verdict, report, decision, or determination of motion or special proceeding.
- R9003 - Running of time when county judge disqualified from acting in a case.
- Article 94 - (R9401 - R9407) ADMISSION TO PRACTICE
- Article 97 - (R9701 - R9703) RECORDS OF CLERKS OF THE COURTS
- Article 98 - (9801 - 9804) ACTIONS AGAINST VILLAGES
- Article 100 - (10001 - 10005) REPEAL; SAVING CLAUSES; EFFECTIVE DATE