Affidavits may be augmented to provide explanatory details, and supplemental affidavits may be filed for the same purpose. (c) In the case of the death, disability or prolonged absence from the city of the judge before whom the action was tried, the return on appeal may be settled by any judge presiding in a motion part in the county in which the judgment was entered, with the same force and effect as if he or she had tried the case. (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. language, it shall be accompanied by an English translation and an affidavit by the The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. These addresses are: Bronx County 84 CITY OF NEW YORK. 0 At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. Section 208.11 Motion parts; motion calendars; motion procedure. On November 7, 2017, defendants served a demand for complaint upon the plaintiff via certified mail return receipt pursuant to CPLR 3012 (b). All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice. . addressed to plaintiff dated August 28, 2015 and November 4, 2015. xref (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. Where the process server is licensed, he or she also shall bring the license to the court. (i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302). 208.33 Submission of orders, judgments and decrees for signature April 14, 1993. (2) Commencing an action by electronic means. (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. (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. Sec. The Court of Appeals has declared that the language means precisely what it says and, thus, "embraces CPLR 3022's remedy for lapses in verification" (Lepkowski v State of New York, 1 NY3d at 210). was sent to Dedvukajs counsel. Plaintiff served a verified complaint on December 6, 2017. (j) An oath or affirmation shall be administered to all witnesses. By order of the Chief Administrator, proceedings and matters may be transferred, as the Chief Administrator deems necessary, from one part of court to another in the same division, regardless of the denomination of the parts. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations. . subdivision (f) of rule twenty-one hundred three, https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-2101/, Read this complete New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule2101. It is important that you go to the court clerk's office listed above as soon as possible. 208.30 [Reserved] 208.22 Pretrial and prearbitration conference calendars filed: June 29, 1987; Aug. 20, 1991; Feb. 12, 1996; Oct. 16, 1997; Dec. 22, 1997; Jan. 5, 1998; Feb. 9, 1998; Nov. 12, 1998; April 9, 2001; June 4, 2001; April 15, 2002; July 26, 2002 eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For good cause shown, and in the interests of justice, the court in an action or proceeding may waive compliance with any of the rules in this Part, other than sections 208.2 and 208.3, unless prohibited from doing so by statute or by a rule of the Chief Judge. IF YOU CAN'T PAY FOR YOUR OWN LAWYER, BRING THESE PAPERS TO THIS COURT RIGHT AWAY. A party requesting oral argument on a motion brought on by an order to show cause shall do so as soon as practicable before the time the motion is to be heard. 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. 6. (g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. February. (a) Motions for a change of venue. III. This demand then triggered Antoine's time to serve the complaint within twenty days of the completed service of the demand (see Id.). 0000000016 00000 n If any party does not so respond, the calendar judge shall treat the action as in default, unless for good cause shown, arising after the action appeared on the ready calendar and not reasonably discoverable or foreseeable, the judge shall direct that the action be held on the ready calendar for a period not to exceed 10 days. filed Nov. 12, 1998 eff. Jamaica, NY 11435, Richmond County (1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment. At such time or times and in such manner as the Chief Administrator may direct, a call shall be made of all actions on the general calendar not reached on a ready calendar. The notice shall specify the calendar numbers of the actions to be called. James Antoine (hereinafter Antoine or plaintiff), acting pro se, has opposed the motion. 2. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. 208.18 Calendars of triable actions If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge. (d)Indorsement by attorney. 208.6(h) Additional Mailing of Notice on an Action Arising from a Consumer Credit Transaction (Uniform Civil Rules for the New York City Civil Court). complaint, their answer was timely served, as their time to answer never As the claim that was served on July 25, 2005 was timely, and the State's purported rejection was of no effect, the motion to dismiss the claim as untimely served is denied. (i) The decision of a judge or housing judge shall set forth conclusions of fact. (a) Alternative method of dispute resolution by arbitration. Pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of the motion. 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.". In the instant motion, the defendants seek to dismiss plaintiff's complaint pursuant to CPLR 3012 (b) and CPLR 3211 (a) (1),(5), and (7) with prejudice. on____ , 19____, at ____ o'clock ____ M., in the Small If the defendant consents to a judgment imposing a civil penalty, no inquest is required to be taken, and judgment shall be entered on consent by direction of the court. Footnote 1:Review of the Court's file indicates that plaintiff's affidavit was filed on November 8, 2017 with the Kings County Clerk's office. dismiss is made, provides that the [s]ervice of a notice of motion under Brooklyn, NY 11231-1615, New York County . 0000004565 00000 n In so holding, the Second Department analyzed 22 (b) The plaintiff in a class of cases designated by the Chief Administrator pursuant to subdivision (a) shall request a preliminary conference within 45 days after joinder of issue. (5) The Civil Court of the City of New York, County of Richmond. the June Order by virtue of their filed: Aug. 20, 1996; Sept. 10, 2001 eff. 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.". a response which shall state with reasonable particularity the reasons for each objection. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. Get free summaries of new New York Other Courts opinions delivered to your inbox! of Assessors, 91 N.Y.2d 82, 86 [1997]; Lepkowski v State of New York, 1 NY3d 201, 210 [2003]). party seeking discovery. The action shall be instituted by the claimant or someone on its behalf by paying the filing fee and the cost of sending the notice of claim as provided in NYCCCA 1803-A and by filing and signing a written application containing the following information: (i) claimant's name and principal office address; (ii) defendant's name and place of residence or place of business or employment; (iii) the nature and amount of the claim, including dates, and other relevant information; where the claim arises out of a consumer transaction (one where the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes), information showing that the transaction is a consumer transaction; (iv) a certification that not more than five claims have been instituted in the courts of this State in the calendar month; and. (e)Copies. Claimant served the claim upon the Attorney General a second time, with a new verification, on August 18, 2005 (Krenrich affirmation in support 11). (b) No execution may be issued against any party who has appeared in person in any action and who defaults in answering either the original or an amended or supplemental complaint, unless a copy of the judgment has been duly served upon such party personally or mailed to such party, by certified mail, at the address stated in the notice of appearance or in the last pleading or paper filed by the party with the clerk, or at the address last furnished by the party to the clerk in writing. Housing Court Clerk Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict, shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. 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. the court, the venue, the title of the action, the nature of the paper and the index unless the subpoena is accompanied by a written authorization by the patient, or the ____________________________. Civil Court of the City of New York The notice of trial shall include the index number, name, office address and telephone number of each attorney and pro se party who has appeared, and the name of any insurance carrier acting on behalf of any party. until ten days after service of notice of entry of the order.. Housing Court Clerk (1) All contested motions and proceedings shall be returnable at 9:30 a.m. unless an earlier time is directed by the court. Historical Note 111 Centre Street IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! - Civil Court of the City of New York SI UD. Tr. (j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. [FNa1]Si la causa de accion es para dinero solamente y no esta una demanda formal junto a la citacion, tache las palabras "demanda anexada." (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. %%EOF Expert disclosure timing is a controversial issue in New York practice. Dedvukaj appealed. (3) The summons also shall contain a translation in Spanish as follows: !NO LA BOTE! (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the part in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either: (i) by personal service not less than five days before the date of settlement; or. The letters in the summons shall be in clear type of no less than twelve-point in (f) The certificate of readiness shall read substantially as follows: CERTIFICATE OF READINESS FOR TRIAL Each paper served or filed shall be in the English language which, where practicable, 0000002165 00000 n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 0000001429 00000 n Housing Court Clerk If timely notification has been so given, such other individual shall instead be produced; (2) pursuant to CPLR 3106(d), a notice or subpoena that names a particular officer, director, member, . notice to the party seeking the production and inspection of the documents that one The attorney listings on the site are paid attorney advertisements. interpose an answer or move to dismiss some or all of the complaint. filed Jan. 9, 1986; amds. party or person objects to the disclosure, inspection or examination, shall serve John A. Corring for claimant. (7) Transfer of Actions. 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. Absent special circumstances, the day designated for trial shall be a date which does not in effect grant a preference to the action. Sec. All rights reserved. Section 208.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the New York City Civil Court). Form of papers - last updated January 01, 2021 Jan. 6, 1986. . 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). (a)1. The order of proof shall be determined by the court. 2018 NY Slip Op 28187 The statement shall be in nontechnical, concise and simple language, and shall be signed by the person who shall have supplied the information contained therein. The firm is committed to the zealous representation of its clients and the effective use of their resources in litigation involving business and commercial disputes. (d) Within five days after the action is recorded, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, addressed to one or more of the addresses supplied as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: TO: __________________________________________________. any defect in form unless, within fifteen days after the receipt thereof, the party This notice shall indicate the legal ground for withholding each such document, Once placed on a calendar, the action shall remain thereon until disposed of, stricken, transferred or otherwise removed. 0000004183 00000 n [FN1] (b) Counterclaims and Cross-Claims. (6) Additional Parts. On November 8, 2017, plaintiff filed an affidavit of service with the KCCO demonstrating personal service of the summons with notice upon the defendants. (1)Except as otherwise provided in this section, 22 NYCRR section 202.5-b, and section 202.5-bb where applicable, shall apply to all actions in which electronic filing is authorized in the Civil Court. For purposes of this rule, confidential personal information (CPI) means: i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof; ii. (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). (c) Within five days after the action is filed, the clerk shall send to the defendant by ordinary first class mail and by certified mail, return receipt requested, at one of the addresses required by NYCCCA 1803-A, as shall be deemed necessary, a signed notice bearing the seal of the court, which shall be in substantially the following form: Take Notice that.. asks judgment in this Court against you for $ ____, together with costs, upon the following claim: ________________________________________________. You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. Where an affidavit or exhibit annexed to a paper served or filed is in a foreign Adopted New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff.12/1/2015. There shall also be one or more small claims parts in each division for the hearing and disposition of all small claims proceedings, as the Chief Administrator may establish. 927 Castleton Avenue Such notice must specify the reasons for which the plead-ing is returned. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. Housing Court Clerk (d) The matters to be considered at the preliminary conference shall include: (1) the simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings; (5) any other matters that the court may deem relevant. You must appear and present your defense and any counterclaim you may desire to assert at the hearing at the time and place above set forth (a corporation must be represented by an attorney or any authorized officer, director or employee). (c) Reserve Calendars. of particular objections. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, in a form approved by the chief administrator of the courts and posted on the website of the Unified Court System. (e) At the conclusion of the conference the court shall make a written order including its directions to the parties as well as any stipulations of counsel. 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. Copyright 2023, Thomson Reuters. To avoid dismissal of an action for failure to serve a complaint after a demand for the complaint has been made pursuant to CPLR 3012 (b), a plaintiff must demonstrate both a reasonable excuse for the delay in serving the complaint and a potentially meritorious cause of action ( see Lobel v Hilltop Vil. - Fast full-text search to quickly find sections of interest. shall be disregarded by the court, and leave to correct shall be freely given. Court of Claims Act 11 (b) requires that notices of intention and claims "be verified in the same manner as a complaint in an action in the [S]upreme [C]ourt." The Second Department reversed, holding that [c]ontrary (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. Brooklyn, NY 11201, Red Hook Community Justice Center action or defense sought to be dismissed extends the time to serve the pleading (m) All motions pertaining to commercial claims shall be made returnable at a part session appointed for the hearing of commercial claims, except that a motion to remove a case from the commercial claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice. Section 208.1 Application of Part; waiver; additional rules; application of NYCCCA; definitions. . Eileen E. Buholtz, Esq. (f) Where all parties appear by attorneys, the case may be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. Also, even if the verification were improper, there was no prejudice to the plaintiff and the defect should have been ignored (see, CPLR 2001). filed Jan. 9, 1986 eff. Section 208.18 Calendars of triable actions. (c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original. CPLR 3012 states in pertinent part as follows: It is well established that service made pursuant to CPLR 308 (4) by "affix and mail" is completed ten days after the proof of service is filed with the clerk of the court (see CPLR 308 (4); Alexander, Supp Practice Commentaries McKinney's Cons Law of NY, 2017 CPLR C308:5). Each other printed or typed paper served or filed, except an exhibit, shall be in (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. (f) No case otherwise eligible to be noticed for trial may be noticed unless there has been compliance with this rule or an order dispensing with compliance or extending the time therefor has been obtained; or, where the party to be examined was served a notice as provided in subdivision (a) of this section, and the party so served has not responded thereto. White and Gerard J. (b) All papers which are to be included in the return on appeal and prepared by the appellant as required by the applicable provisions of the CPLR, shall be furnished by the appellant to the clerk at the time of filing the notice of settlement provided in section 1704 of the NYCCCA. Amending a Judgement Medical reports exchanged. No expense shall be incurred by the arbitrator except upon the consent in writing of the parties. In the event that notice of entry of an order deciding a motion to dismiss pursuant to CPLR 3211 (a) or (b) is not served, a defendant's time to answer the complaint does not begin to run. 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