(b) Affirmative defenses. A party shall plead all matters which if not
pleaded would be likely to take the adverse party by surprise or would
raise issues of fact not appearing on the face of a prior pleading such
as arbitration and award, collateral estoppel, culpable conduct claimed
in diminution of damages as set forth in article fourteen-A, discharge
in bankruptcy, facts showing illegality either by statute or common law,
fraud, infancy or other disability of the party defending, payment,
release, res judicata, statute of frauds, or statute of limitation. The
application of this subdivision shall not be confined to the instances
enumerated.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 30 - Remedies and Pleading
3002 - Actions and Relief Not Barred for Inconsistency.
3004 - Where Restoration of Benefits Before Judgment Unnecessary.
3005 - Relief Against Mistake of Law.
3012 - Service of Pleadings and Demand for Complaint.
3012-A - Certificate of Merit in Medical, Dental and Podiatric Malpractice Actions.
3012-B - Certificate of Merit in Certain Residential Forclosure Actions.
3013 - Particularity of Statements Generally.
R3015 - Particularity as to Specific Matters.
R3016 - Particularity in Specific Actions.
3019 - Counterclaims and Cross-Claims.
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.
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.
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.