New York Laws
CVP - Civil Practice Law and Rules

R4540-A - Presumption of Authenticity Based on a Party's Production of Material Authored or Otherwise Created by the Party. - Rule 4540-a. Presumption of authenticity based on a party's production...

4546 - Loss of Earnings and Impairment of Earning Ability in Actions for Medical, Dental or Podiatric Malpractice. - § 4546. Loss of earnings and impairment of earning ability...

4547 - Compromise and Offers to Compromise. - § 4547. Compromise and offers to compromise. Evidence of (a)...

4548 - Privileged Communications; Electronic Communication Thereof. - § 4548. Privileged communications; electronic communication thereof. No communication privileged...

4549 - Admissibility of an Opposing Party's Statement. - § 4549. Admissibility of an opposing party's statement. A statement...

4550 - Admissibility of Evidence Related to Legally Protected Health Activity. - § 4550. Admissibility of evidence related to legally protected health...

Article 50 - Judgments Generally

5001 - Interest to Verdict, Report or Decision. - (b) Date from which computed. Interest shall be computed from...

5002 - Interest From Verdict, Report or Decision to Judgment. - § 5002. Interest from verdict, report or decision to judgment....

5003 - Interest Upon Judgment. - § 5003. Interest upon judgment. Every money judgment shall bear...

5003-A - Prompt Payment Following Settlement. - (b) When an action to recover damages has been settled...

5003-B - Nondisclosure Agreements. - § 5003-b. Nondisclosure agreements. Notwithstanding any other law to the...

5004 - Rate of Interest. - (b) For the purpose of this section "consumer debt" means...

5011 - Definition and Content of Judgment. - § 5011. Definition and content of judgment. A judgment is...

R5012 - Judgment Upon Part of Cause of Action; Upon Several Causes. - Rule 5012. Judgment upon part of cause of action; upon...

R5013 - Effect of Judgment Dismissing Claim. - Rule 5013. Effect of judgment dismissing claim. A judgment dismissing...

5014 - Action Upon Judgment. - § 5014. Action upon judgment. Except as permitted by section...

R5015 - Relief From Judgment or Order. - (b) On stipulation. The clerk of the court may vacate...

R5016 - Entry of Judgment. - (b) Judgment upon verdict. Judgment upon the general verdict of...

R5017 - Judgment-Roll. - (a) Preparation and filing. A judgment-roll shall be prepared by...

5018 - Docketing of Judgment. - (b) Docketing of judgment of court of United States. A...

5019 - Validity and Correction of Judgment or Order; Amendment of Docket. - (b) Subsequent judgment or order affecting judgment or lien. When...

5020 - Satisfaction-Piece. - (b) Attorney of record. Within ten years after the entry...

5020-A - Payment of Judgment in Certain Cases. - § 5020-a. Payment of judgment in certain cases. When a...

5021 - Entry of Satisfaction. - (b) Entry upon return of execution. A sheriff shall return...

Article 50-A - Periodic Payment of Judgments in Medical and Dental Malpractice Actions

5031 - Basis for Determining Judgment to Be Entered. - (a) The court shall apply to the findings of past...

5032 - Form of Security. - § 5032. Form of security. Security authorized or required for...

5033 - Posting and Maintaining Security. - (b) A judgment creditor or successor in interest and any...

5034 - Failure to Make Payment. - § 5034. Failure to make payment. If at any time...

5036 - Adjustment of Payments. - (b) If a lump sum payment is ordered by the...

5037 - Settlements. - § 5037. Settlements. Nothing in this article shall be construed...

5038 - Assignment of Periodic Installments. - § 5038. Assignment of periodic installments. An assignment of or...

5039 - Duties of Superintendent of Financial Services. - § 5039. Duties of superintendent of financial services. The superintendent...

Article 50-B - Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions

5041 - Basis for Determining Judgment to Be Entered. - (a) The court shall apply to the findings of past...

5042 - Form of Security. - § 5042. Form of security. Security authorized or required for...

5043 - Posting and Maintaining Security. - (b) A judgment creditor or successor in interest and any...

5044 - Failure to Make Payment. - § 5044. Failure to make payment. If at any time...

5045 - Effect of Death of Judgment Creditor. - (b) The portion of any periodic payment allocable to loss...

5046 - Adjustment of Payments. - (b) If a lump sum payment is ordered by the...

5047 - Settlements. - § 5047. Settlements. Nothing in this article shall be construed...

5048 - Assignment of Periodic Installments. - § 5048. Assignment of periodic installments. An assignment of or...

5049 - Duties of Superintendent of Financial Services. - § 5049. Duties of superintendent of financial services. The superintendent...

Article 51 - Enforcement of Judgments and Orders Generally

5101 - Enforcement of Money Judgment or Order. - § 5101. Enforcement of money judgment or order. A money...

5102 - Enforcement of Judgment or Order Awarding Possession of Real Property or a Chattel. - § 5102. Enforcement of judgment or order awarding possession of...

5103 - Enforcement of Judgment or Order Directing Sale of Real Property. - (b) Place and mode of sale; security. Where a judgment...

5104 - Enforcement of Judgment or Order by Contempt. - § 5104. Enforcement of judgment or order by contempt. Any...

5105 - Alternative Enforcement of Judgment or Order. - § 5105. Alternative enforcement of judgment or order. An interlocutory...

5106 - Appointment of Receiver. - § 5106. Appointment of receiver. A court, by or after...

5107 - Conveyance by Sheriff. - § 5107. Conveyance by sheriff. The court may require the...

Article 52 - Enforcement of Money Judgments

5201 - Debt or Property Subject to Enforcement; Proper Garnishee. - (b) Property against which a money judgment may be enforced....

5202 - Judgment Creditor's Rights in Personal Property. - (b) Other judgment creditor's rights. Where a judgment creditor has...

5203 - Priorities and Liens Upon Real Property. - (b) Extension of lien. Upon motion of the judgment creditor,...

5204 - Release of Lien or Levy Upon Appeal. - § 5204. Release of lien or levy upon appeal. Upon...

5205 - Personal Property Exempt From Application to the Satisfaction of Money Judgments. - (b) Exemption of cause of action and damages for taking...

5206 - Real Property Exempt From Application to the Satisfaction of Money Judgments. - (b) Homestead exemption after owner's death. The homestead exemption continues...

5207 - Enforcement Involving the State. - § 5207. Enforcement involving the state. None of the procedures...

5208 - Enforcement After Death of Judgment Debtor; Leave of Court; Extension of Lien. - § 5208. Enforcement after death of judgment debtor; leave of...

5209 - Discharge of Garnishee's Obligation. - § 5209. Discharge of garnishee's obligation. A person who, pursuant...

5210 - Power of Court to Punish for Contempt. - § 5210. Power of court to punish for contempt. Every...

5211 - Privilege on Examination; Immunity. - § 5211. Privilege on examination; immunity. The court may confer...

5221 - Where Enforcement Proceeding Commenced. - (b) Notices, subpoenas and motions. A notice or subpoena authorized...

5222 - Restraining Notice. - (a) Issuance; on whom served; form; service. A restraining notice...

5222-A - Service of Notices and Forms and Procedure for Claim of Exemption. - (b) Service of exemption notice and exemption claim form. 1....

5223 - Disclosure. - § 5223. Disclosure. At any time before a judgment is...

R5224 - Subpoena; Procedure. - (i) information subpoenas, served on an individual or entity other...

5225 - Payment or Delivery of Property of Judgment Debtor. - (b) Property not in the possession of judgment debtor. Upon...

5226 - Installment Payment Order. - § 5226. Installment payment order. Upon motion of the judgment...

5227 - Payment of Debts Owed to Judgment Debtor. - § 5227. Payment of debts owed to judgment debtor. Upon...

5228 - Receivers. - (b) Extension of receivership. Where a receiver has been appointed,...

5229 - Enforcement Before Judgment Entered. - § 5229. Enforcement before judgment entered. In any court, before...

5230 - Executions. - (a) Form. An execution shall specify the date that the...

5231 - Income Execution. - (a) Form. An income execution shall specify, in addition to...

5232 - Levy Upon Personal Property. - (b) Levy by seizure. The sheriff or support collection unit...

5233 - Sale of Personal Property. - (b) Public notice. A printed notice of the time and...

5234 - Distribution of Proceeds of Personal Property; Priorities. - (b) Priority among execution creditors. Where two or more executions...

5235 - Levy Upon Real Property. - § 5235. Levy upon real property. After the expiration of...

5236 - Sale of Real Property. - (b) Sale of mortgaged property. Real property mortgaged shall not...

5237 - Failure of Title to Property Sold. - § 5237. Failure of title to property sold. The purchaser...

5238 - Directions to the Sheriff. - § 5238. Directions to the sheriff. Upon motion of any...

5239 - Proceeding to Determine Adverse Claims. - § 5239. Proceeding to determine adverse claims. Prior to the...

5240 - Modification or Protective Order; Supervision of Enforcement. - § 5240. Modification or protective order; supervision of enforcement. The...

5241 - Income Execution for Support Enforcement. - (i) the auditor, comptroller, trustee or disbursing officer of any...

5242 - Income Deduction Order for Support Enforcement. - (b) Upon application of a creditor, for good cause shown,...

5250 - Arrest of Judgment Debtor. - § 5250. Arrest of judgment debtor. Upon motion of the...

5251 - Disobedience of Subpoena, Restraining Notice or Order; False Swearing; Destroying Notice of Sale. - § 5251. Disobedience of subpoena, restraining notice or order; false...

5252 - Discrimination Against Employees and Prospective Employees Based Upon Wage Assignment or Income Execution. - § 5252. Discrimination against employees and prospective employees based upon...

5253 - Cost of Living Adjustment for Personal and Real Property Exempt From Application to the Satisfaction of Money Judgments and Exemptions in Bankruptcy. - (b) The superintendent of financial services shall determine the amount...

Article 53 - Recognition of Foreign Country Money Judgments

5300 - Citation. - § 5300. Citation. This article may be cited as the...

5301 - Definitions. - (a) Foreign country. "Foreign country" means a government other than:...

5302 - Applicability. - (b) This article does not apply to a foreign country...

5303 - Recognition Enforcement, and Proceedings. - (b) If recognition of a foreign country judgment is sought...

5304 - Grounds for Non-Recognition. - (b) A court of this state need not recognize a...

5305 - Personal Jurisdiction. - (b) The courts of this state may recognize bases of...

5306 - Stay of a Proceeding Pending Appeal of a Foreign Country Judgment. - § 5306. Stay of a proceeding pending appeal of a...

5307 - Effect of Recognition. - (b) This article does not prevent the recognition of a...

5308 - Uniformity of Interpretation. - § 5308. Uniformity of interpretation. This article shall be so...

Article 54 - Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article

5401 - Definition. - § 5401. Definition. In this article "foreign judgment" means any...

5402 - Filing and Status of Foreign Judgments. - (b) Status of foreign judgments. The clerk shall treat the...

5403 - Notice of Filing. - § 5403. Notice of filing. Within thirty days after filing...

5404 - Stay. - (b) Based upon other grounds. If the judgment debtor shows...

5405 - Fees. - § 5405. Fees. When a foreign judgment is filed pursuant...

5406 - Optional Procedure. - § 5406. Optional procedure. The right of a judgment creditor...

5407 - Uniformity of Interpretation. - § 5407. Uniformity of interpretation. This article shall be so...

5408 - Citation. - § 5408. Citation. This article may be cited as the...

Article 55 - Appeals Generally

5501 - Scope of Review. - (b) Court of appeals. The court of appeals shall review...

5511 - Permissible Appellant and Respondent. - § 5511. Permissible appellant and respondent. An aggrieved party or...

5512 - Appealable Paper; Entry of Order Made Out of Court. - (b) Entry of order made out of court. Entry of...

5513 - Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal. - (b) Time to move for permission to appeal. The time...

5514 - Extension of Time to Take Appeal or to Move for Permission to Appeal. - (b) Disability of attorney. If the attorney for an aggrieved...

5515 - Taking an Appeal; Notice of Appeal. - § 5515. Taking an appeal; notice of appeal. 1. An...

R5516 - Motion for Permission to Appeal. - Rule 5516. Motion for permission to appeal. A motion for...

5517 - Subsequent Orders. - (b) Review of subsequent orders. A court reviewing an order...

5518 - Preliminary Injunction or Temporary Restraining Order by Appellate Division. - § 5518. Preliminary injunction or temporary restraining order by appellate...

5519 - Stay of Enforcement. - (b) Stay in action defended by insurer. If an appeal...

5520 - Omissions; Appeal by Improper Method. - (b) Appeal by permission instead of as of right. An...

R5521 - Preferences. - (b) Consistent with the provisions of section one thousand one...

R5522 - Disposition of Appeal. - (b) In an appeal from a money judgment in an...

5523 - Restitution. - § 5523. Restitution. A court reversing or modifying a final...

R5524 - Entry of Order; Remittitur and Further Proceedings. - (b) Remittitur and further proceedings. A copy of the order...

R5525 - Preparation and Settlement of Transcript; Statement in Lieu of Transcript. - (b) Omission of part of transcript. The parties may stipulate...

R5526 - Content and Form of Record on Appeal. - Rule 5526. Content and form of record on appeal. The...

R5527 - Statement in Lieu of Record on Appeal. - Rule 5527. Statement in lieu of record on appeal. When...

R5528 - Content of Briefs and Appendices. - (b) Respondent's brief and appendix. The brief of the respondent...

R5529 - Form of Briefs and Appendices. - (b) Numbering. Pages of briefs shall be numbered consecutively. Pages...

R5530 - Filing Record and Briefs; Service of Briefs. - (b) Upon cross-appeal. Unless the court to which the appeals...

R5531 - Description of Action. - (a) whether the appeal is on a full record, printed...

R5532 - Stipulation in Lieu of Certification. - Rule 5532. Stipulation in lieu of certification. The parties or...

Article 56 - Appeals to the Court of Appeals

5601 - Appeals to the Court of Appeals as of Right. - (b) Constitutional grounds. An appeal may be taken to the...

5602 - Appeals to the Court of Appeals by Permission. - (i) from an order of the appellate division which finally...

5611 - When Appellate Division Order Deemed Final. - § 5611. When appellate division order deemed final. If the...

5612 - Presumptions as to Determinations of Questions of Fact. - (b) Appeal on certified questions of law. On an appeal...

5613 - Disposition Upon Reversal or Modification. - § 5613. Disposition upon reversal or modification. The court of...

5614 - Disposition Upon Certified Questions. - § 5614. Disposition upon certified questions. The order of the...

5615 - Disposition Upon Appeal From Order Granting New Trial or Hearing. - § 5615. Disposition upon appeal from order granting new trial...

Article 57 - Appeals to the Appellate Division

5701 - Appeals to Appellate Division From Supreme and County Courts. - (i) grants, refuses, continues or modifies a provisional remedy; or...

5702 - Appeals to Appellate Division From Other Courts of Original Instance. - § 5702. Appeals to appellate division from other courts of...

5703 - Appeals to Appellate Division From Appellate Courts. - (b) From other appellate courts. An appeal may be taken...

5704 - Review of Ex Parte Orders. - (b) By appellate term. The appellate term in the first...

5711 - Where Appeal Heard. - § 5711. Where appeal heard. Except as provided in subdivision...

5712 - Content of Order Determining Appeal. - (b) Order of affirmance. Whenever the appellate division, although affirming...

5713 - Content of Order Granting Permission to Appeal to Court of Appeals. - § 5713. Content of order granting permission to appeal to...

Article 60 - Provisional Remedies Generally

6001 - Kinds of Provisional Remedies; When Remedy Available to Defendant. - § 6001. Kinds of provisional remedies; when remedy available to...

Article 62 - Attachment

6201 - Grounds for Attachment. - § 6201. Grounds for attachment. An order of attachment may...

6202 - Debt or Property Subject to Attachment; Proper Garnishee. - § 6202. Debt or property subject to attachment; proper garnishee....

6203 - Attaching Creditor's Rights in Personal Property. - § 6203. Attaching creditor's rights in personal property. Where a...

6204 - Discharge of Garnishee's Obligation. - § 6204. Discharge of garnishee's obligation. A person who, pursuant...

6205 - Order of Attachment in Certain Cases. - § 6205. Order of attachment in certain cases. An order...

6210 - Order of Attachment on Notice; Temporary Restraining Order; Contents. - § 6210. Order of attachment on notice; temporary restraining order;...

6211 - Order of Attachment Without Notice. - (a) When granted; contents. An order of attachment may be...

R6212 - Motion Papers; Undertaking; Filing; Demand; Damages. - (b) Undertaking. On a motion for an order of attachment,...

6213 - Service of Summons. - § 6213. Service of summons. An order of attachment granted...

6214 - Levy Upon Personal Property by Service of Order. - (b) Effect of levy; prohibition of transfer. A levy by...

6215 - Levy Upon Personal Property by Seizure. - § 6215. Levy upon personal property by seizure. If the...

6216 - Levy Upon Real Property. - § 6216. Levy upon real property. The sheriff shall levy...

6217 - Additional Undertaking to Carrier Garnishee. - § 6217. Additional undertaking to carrier garnishee. A garnishee who...

6218 - Sheriff's Duties After Levy. - (b) Inventory. Within fifteen days after service of an order...

6219 - Garnishee's Statement. - § 6219. Garnishee's statement. Within ten days after service upon...

6220 - Disclosure. - § 6220. Disclosure. Upon motion of any interested person, at...

6221 - Proceedings to Determine Adverse Claims. - § 6221. Proceedings to determine adverse claims. Prior to the...

6222 - Discharge of Attachment. - § 6222. Discharge of attachment. A defendant whose property or...

6223 - Vacating or Modifying Attachment. - (b) Burden of proof. Upon a motion to vacate or...

6224 - Annulment of Attachment. - § 6224. Annulment of attachment. An order of attachment is...

6225 - Return of Property; Directions to Clerk and Sheriff. - § 6225. Return of property; directions to clerk and sheriff....

6226 - Disposition of Attached Property After Execution Issued; Priority of Orders of Attachment. - § 6226. Disposition of attached property after execution issued; priority...

Article 63 - Injunction

6301 - Grounds for Preliminary Injunction and Temporary Restraining Order. - § 6301. Grounds for preliminary injunction and temporary restraining order....

6311 - Preliminary Injunction. - § 6311. Preliminary injunction. 1. A preliminary injunction may be...

R6312 - Motion Papers; Undertaking; Issues of Fact. - (b) Undertaking. Except as provided in section 2512 and in...

6313 - Temporary Restraining Order. - (b) Service. Unless the court orders otherwise, a temporary restraining...

6314 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order. - § 6314. Vacating or modifying preliminary injunction or temporary restraining...

6315 - Ascertaining Damages Sustained by Reason of Preliminary Injunction or Temporary Restraining Order. - § 6315. Ascertaining damages sustained by reason of preliminary injunction...

6330 - Obscene Prints and Articles; Jurisdiction. - § 6330. Obscene prints and articles; jurisdiction. The supreme court...

Article 63-A - Extreme Risk Protection Orders

6340 - Definitions. - § 6340. Definitions. For the purposes of this article: 1....

6341 - Application for an Extreme Risk Protection Order. - § 6341. Application for an extreme risk protection order. In...

6342 - Issuance of a Temporary Extreme Risk Protection Order. - (a) a threat or act of violence or use of...

6343 - Issuance of a Final Extreme Risk Protection Order. - (b) Upon issuance of an extreme risk protection order: (i)...

6344 - Surrender and Removal of Firearms, Rifles and Shotguns Pursuant to an Extreme Risk Protection Order. - § 6344. Surrender and removal of firearms, rifles and shotguns...

6345 - Request for Renewal of an Extreme Risk Protection Order. - § 6345. Request for renewal of an extreme risk protection...

6346 - Expiration of an Extreme Risk Protection Order. - (a) the respondent or the respondent's designated agent; (b) courts...

6347 - Effect of Findings and Determinations in Subsequent Proceedings. - § 6347. Effect of findings and determinations in subsequent proceedings....

6348 - Protections for Health Care Providers Applying for an Extreme Risk Protection Order. - (b) Upon receipt of a petition by any health care...

Article 64 - Receivership

6401 - Appointment and Powers of Temporary Receiver. - (b) Powers of temporary receiver. The court appointing a receiver...

6402 - Oath. - § 6402. Oath. A temporary receiver, before entering upon his...

6403 - Undertaking. - § 6403. Undertaking. A temporary receiver shall give an undertaking...

6404 - Accounts. - § 6404. Accounts. A temporary receiver shall keep written accounts...

6405 - Removal. - § 6405. Removal. Upon motion of any party or upon...

Article 65 - Notice of Pendency

6501 - Notice of Pendency; Constructive Notice. - § 6501. Notice of pendency; constructive notice. A notice of...

R6511 - Filing, Content and Indexing of Notice of Pendency. - (b) Content; designation of index. A notice of pendency shall...

6512 - Service of Summons. - § 6512. Service of summons. A notice of pendency is...

6513 - Duration of Notice of Pendency. - § 6513. Duration of notice of pendency. A notice of...

6514 - Motion for Cancellation of Notice of Pendency. - (b) Discretionary cancellation. The court, upon motion of any person...

6515 - Undertaking for Cancellation of Notice of Pendency; Security by Plaintiff. - § 6515. Undertaking for cancellation of notice of pendency; security...

6516 - Successive Notices of Pendency. - (b) For the purposes of this article, the term "foreclosure...

Article 70 - Habeas Corpus

7001 - Application of Article; Special Proceeding. - § 7001. Application of article; special proceeding. Except as otherwise...

7002 - Petition. - (b) To whom made. Except as provided in paragraph five...

7003 - When the Writ Shall Be Issued. - (b) Successive petitions for writ. A court is not required...

7004 - Content of Writ. - (b) To whom directed. The writ shall be directed to,...

7005 - Service of the Writ. - § 7005. Service of the writ. A writ of habeas...

7006 - Obedience to the Writ. - (b) Compelling obedience. If the person upon whom the writ...

7007 - Warrant Preceding or Accompanying Writ. - § 7007. Warrant preceding or accompanying writ. A court authorized...

7008 - Return. - (b) Content. The affidavit shall fully and explicitly state whether...

7009 - Hearing. - (b) Reply to return. The petitioner or the person detained...

7010 - Determination of Proceeding. - (b) Bail. If the person detained has been admitted to...

7011 - Appeal. - § 7011. Appeal. An appeal may be taken from a...

7012 - Redetention After Discharge. - § 7012. Redetention after discharge. A person discharged upon the...

Article 71 - Recovery of Chattel

7101 - When Action May Be Brought. - § 7101. When action may be brought. An action under...

7102 - Seizure of Chattel on Behalf of Plaintiff. - (b) Service. The sheriff shall serve upon the person from...

7103 - Reclaiming, Impounding or Returning Chattel. - (b) Impounding chattel. A chattel which is in the custody...

7104 - Seizing, Reclaiming or Returning Less Than All Chattels. - § 7104. Seizing, reclaiming or returning less than all chattels....

7105 - Sale of Perishable Property. - § 7105. Sale of perishable property. Upon motion with such...

7106 - Payment of Sheriff's Fees and Expenses; Liability of Sheriff. - (b) Liability of sheriff. A sheriff is liable for damages...

7107 - Sheriff's Return. - § 7107. Sheriff's return. The sheriff shall file with the...

7108 - Judgment; Execution in Certain Cases; Enforcement by Contempt. - (b) Where value of chattel should not be awarded; execution....

7109 - Unique Chattel. - (b) Judgment enforceable by contempt. Where the chattel is unique,...

7110 - Sheriff's Powers. - § 7110. Sheriff's powers. If the order of seizure so...

7111 - Action on Undertaking. - § 7111. Action on undertaking. An action on an undertaking...

7112 - Testimony by Deposition to Ascertain Location of Chattel. - § 7112. Testimony by deposition to ascertain location of chattel....

Article 72 - Recovery of Penalty or Forfeiture

7201 - Action by State. - (b) Forfeiture on conviction for treason. Where personal property is...

7202 - Action by Person Aggrieved. - § 7202. Action by person aggrieved. Where a penalty or...

7203 - Action by Common Informer. - (b) Service. The summons can be served only by an...

7204 - Recovery of Part of Penalty or Forfeiture. - § 7204. Recovery of part of penalty or forfeiture. Where...

7205 - Defense of Good Faith Reliance on Judicial Decision. - § 7205. Defense of good faith reliance on judicial decision....

Article 75 - Arbitration

7501 - Effect of Arbitration Agreement. - § 7501. Effect of arbitration agreement. A written agreement to...

7502 - Applications to the Court; Venue; Statutes of Limitation; Provisional Remedies. - (i) The proceeding shall be brought in the court and...

7503 - Application to Compel or Stay Arbitration; Stay of Action; Notice of Intention to Arbitrate. - (a) Application to compel arbitration; stay of action. A party...

7504 - Court Appointment of Arbitrator. - § 7504. Court appointment of arbitrator. If the arbitration agreement...

7505 - Powers of Arbitrator. - § 7505. Powers of arbitrator. An arbitrator and any attorney...

7506 - Hearing. - (b) Time and place. The arbitrator shall appoint a time...

7507 - Award; Form; Time; Delivery. - § 7507. Award; form; time; delivery. Except as provided in...

7508 - Award by Confession. - (b) Time of award. The award may be made at...

7509 - Modification of Award by Arbitrator. - § 7509. Modification of award by arbitrator. On written application...

7510 - Confirmation of Award. - § 7510. Confirmation of award. The court shall confirm an...

7511 - Vacating or Modifying Award. - (b) Grounds for vacating. 1. The award shall be vacated...

7512 - Death or Incompetency of a Party. - § 7512. Death or incompetency of a party. Where a...

7513 - Fees and Expenses. - § 7513. Fees and expenses. Unless otherwise provided in the...

7514 - Judgment on an Award. - (b) Judgment-roll. The judgment-roll consists of the original or a...

7515 - Mandatory Arbitration Clauses; Prohibited. - (b) (i) Prohibition. Except where inconsistent with federal law, no...

7516 - Confirmation of an Award Based on a Consumer Credit Transaction. - § 7516. Confirmation of an award based on a consumer...

Article 75-A - Health Care Arbitration

7550 - Definitions. - (a) "Arbitration administrator" means an entity designated by the superintendent...

7551 - Applicability. - § 7551. Applicability. The provisions of this article shall apply...

7552 - Health Care Arbitration Proceedings. - (b) The standards of duty, practice, or care to be...

7553 - Costs of the Proceeding. - § 7553. Costs of the proceeding. The administrative expense of...

7554 - Selection of Arbitrators. - (b) Except as otherwise provided in subdivision (e) of this...

7555 - Screening for Bias; Communication With Arbitrator Candidates. - (b) No party shall communicate with an associate arbitrator candidate,...

7556 - Demand for Arbitration; Minors; Consolidation of Proceedings. - (b) Notwithstanding the provisions of section twelve hundred nine of...

7557 - Reparation Offers; Denials of Liability. - § 7557. Reparation offers; denials of liability. All communications incidental...

7558 - Depositions and Discovery; Rules of the Arbitration Administrator; Adjournments. - (b) The arbitration administrator shall promulgate rules, subject to the...

7559 - Hearing; Evidence; Record; Neutral Experts. - (b) Testimony at the hearing shall be taken under oath...

7560 - Subpoenas. - § 7560. Subpoenas. The chairperson of the panel and any...

7561 - Use of Depositions; Enforcement of Discovery Procedures. - (b) Depositions shall be taken in the manner prescribed by...

7562 - Witnesses' Fees and Mileage; Arbitrators' Fees and Expenses. - (b) Each arbitrator's salary or fees and expenses, together with...

7563 - Briefs; Award; Decision. - (b) The panel of arbitrators shall render its decision by...

7564 - Form of Decision; Costs Upon Frivolous Claims and Counterclaims. - (b) The panel of arbitrators shall be empowered to award...

7565 - Modification and Judicial Review of Decision. - § 7565. Modification and judicial review of decision. A decision...

Article 76 - Proceeding to Enforce Agreement for Determination of Issue

7601 - Special Proceeding to Enforce Agreement That Issue or Controversy Be Determined by a Person Named or to Be Selected. - § 7601. Special proceeding to enforce agreement that issue or...

Article 77 - Proceeding Relating to Express Trust

7701 - Special Proceeding Relating to Express Trust. - § 7701. Special proceeding relating to express trust. A special...

7702 - Verified Account Accompanying Petition. - § 7702. Verified account accompanying petition. A petition by a...

7703 - Joinder and Representation of Persons Interested in Trust Property. - § 7703. Joinder and representation of persons interested in trust...

7704 - Reference. - § 7704. Reference. No referee shall be appointed to examine...

7705 - Recording or Filing Instrument Settling Account. - § 7705. Recording or filing instrument settling account. There may...

7706 - Order on Filing Instrument Settling Account. - § 7706. Order on filing instrument settling account. Where an...

Article 78 - Proceeding Against Body or Officer

7801 - Nature of Proceeding. - § 7801. Nature of proceeding. Relief previously obtained by writs...

7802 - Parties. - (b) Persons whose terms of office have expired; successors. Whenever...

7803 - Questions Raised. - § 7803. Questions raised. The only questions that may be...

7804 - Procedure. - (b) Where proceeding brought. A proceeding under this article shall...

7805 - Stay. - § 7805. Stay. On the motion of any party or...

7806 - Judgment. - § 7806. Judgment. The judgment may grant the petitioner the...

Article 80 - Fees

8001 - Persons Subpoenaed; Examination Before Trial; Transcripts of Records. - (b) Persons subpoenaed upon an examination before trial. If a...

8002 - Stenographers. - § 8002. Stenographers. Unless otherwise provided by law, a stenographer...

8003 - Referees. - (b) Upon sale of real property. A referee appointed to...

8004 - Commissions of Receivers. - (b) Allowance where funds depleted. If, at the termination of...

8005 - Commissions of Trustees; Advance Payment of Fees of an Attorney-Trustee. - § 8005. Commissions of trustees; advance payment of fees of...

8006 - Premiums on Undertakings by Fiduciaries. - § 8006. Premiums on undertakings by fiduciaries. A receiver, assignee,...

8007 - Printers. - § 8007. Printers. Except where otherwise prescribed by law, the...

8008 - Fees and Expenses of Officer to Be Paid Before Transmission of Paper. - § 8008. Fees and expenses of officer to be paid...

8009 - Oaths; Acknowledgments; Certification or Exemplification. - § 8009. Oaths; acknowledgments; certification or exemplification. Any authorized officer...

8010 - County Treasurers. - § 8010. County treasurers. The treasurer of a county or...

8011 - Fixed Fees of Sheriffs. - (a) Order of attachment. 1. For receiving an order of...

8012 - Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs. - (b) Poundage fees. 1. A sheriff is entitled, for collecting...

8013 - Expenses of Sheriffs. - (b) Appraisal of attached property. A sheriff, where an estimate...

8014 - Collection of Sheriff's Fees on Execution. - § 8014. Collection of sheriff's fees on execution. The fees...

8015 - County Clerk Where Sheriff Is a Party or Otherwise Disqualified. - § 8015. County clerk where sheriff is a party or...

8016 - Clerks of Courts of Record Generally. - (b) Certifying judgment-roll on appeal. Where, on an appeal from...

8017 - Exemption of the State and Counties, and Agencies and Officers Thereof, From Fees of Clerks. - (b) Notwithstanding any other provision of law the exemption of...

8018 - Index Number Fees of County Clerks. - (b) Exemptions from index number fee. No fee shall be...

8019 - County Clerks Generally. - (b) Legible copies. Whenever a paper or document, presented to...

8020 - County Clerks as Clerks of Court. - (a) Placing cause on calendar. For placing a cause on...

8021 - County Clerks Other Than as Clerks of Court. - (a) Services in connection with papers or instruments relating to...

8022 - Fee on Civil Appeals Proceedings Before Appellate Courts. - (b) The clerks of the appellate divisions of the supreme...

Article 81 - Costs Generally

8101 - Costs in an Action. - § 8101. Costs in an action. The party in whose...

8102 - Limitation of Costs Where Action Brought in Higher Court. - § 8102. Limitation of costs where action brought in higher...

8103 - Costs Where Parties Prevail Upon Separate Issues. - § 8103. Costs where parties prevail upon separate issues. Upon...

8104 - Costs in Consolidated, Severed or Removed Action. - § 8104. Costs in consolidated, severed or removed action. Where...

8105 - Costs Where More Than One Plaintiff or Defendant. - § 8105. Costs where more than one plaintiff or defendant....

8106 - Costs Upon Motion. - § 8106. Costs upon motion. Costs upon a motion may...

8107 - Costs Upon Appeal. - § 8107. Costs upon appeal. The party in whose favor...

8108 - Specification of Denial or Award of Costs. - § 8108. Specification of denial or award of costs. A...

8109 - Defendant's Costs Against the State. - (b) Payment of defendant's costs against the state. Where costs...

8110 - Costs Against a Fiduciary. - § 8110. Costs against a fiduciary. Where costs are awarded...

Article 82 - Amount of Costs

8201 - Amount of Costs in an Action. - § 8201. Amount of costs in an action. Costs awarded...

8202 - Amount of Costs on Motion. - § 8202. Amount of costs on motion. Costs awarded on...

8203 - Amount of Costs on Appeal to Appellate Division and Appellate Term. - (b) Costs on an appeal from a county court to...

8204 - Amount of Costs on Appeal to the Court of Appeals. - § 8204. Amount of costs on appeal to the court...

Article 83 - Disbursements and Additional Allowances

8301 - Taxable Disbursements. - (b) Disbursements on motion. Upon motion of any party made...

8302 - Additional Allowance to Plaintiff as of Right in Real Property Actions. - (b) Amount of allowance. An additional allowance under this rule...

8303 - Additional Allowance in the Discretion of the Court. - (b) Discretionary allowance on enforcement motion. The court, on a...

8303-A - Costs Upon Frivolous Claims and Counterclaims in Actions to Recover Damages for Personal Injury, Injury to Property or Wrongful Death. - (a) If in an action to recover damages for personal...

Article 84 - Taxation of Costs

8401 - Computation by Clerk. - § 8401. Computation by clerk. Costs, disbursements and additional allowances...

8402 - Taxation With Notice. - § 8402. Taxation with notice. Costs may be taxed upon...

8403 - Taxation Without Notice. - § 8403. Taxation without notice. Costs may also be taxed...

8404 - Judicial Review of Taxation or Retaxation. - § 8404. Judicial review of taxation or retaxation. Upon motion...

Article 85 - Security for Costs

8501 - Security for Costs. - (b) In court's discretion. Upon motion by the defendant with...

8502 - Stay and Dismissal on Failure to Give Security. - § 8502. Stay and dismissal on failure to give security....

8503 - Undertaking. - § 8503. Undertaking. Security for costs shall be given by...

Article 86 - Counsel Fees and Expenses in Certain Actions Against the State

8600 - Intent and Short Title. - § 8600. Intent and short title. It is the intent...

8601 - Fees and Other Expenses in Certain Actions Against the State. - (b) Application for fees. A party seeking an award of...

8602 - Definitions. - (a) "Action" means any civil action or proceeding brought to...

8603 - Interest. - § 8603. Interest. If the state appeals an award made...

8604 - Annual Report. - § 8604. Annual report. The department of law shall file...

8605 - Applicability. - (b) Nothing contained in this article shall be deemed to...

Article 90 - Failure or Adjournment of Term of Court

R9001 - No Abatement by Failure, Adjournment, or Change of Time or Place of Term of Court. - Rule 9001. No abatement by failure, adjournment, or change of...

R9002 - Death, Disability or Incapacity of Judge Following Verdict, Report, Decision, or Determination of Motion or Special Proceeding. - Rule 9002. Death, disability or incapacity of judge following verdict,...

R9003 - Running of Time When County Judge Disqualified From Acting in a Case. - Rule 9003. Running of time when county judge disqualified from...

Article 94 - Admission to Practice

R9401 - Committee. - Rule 9401. Committee. The appellate division in each judicial department...

R9402 - Application for Admission. - Rule 9402. Application for admission. Every application for admission to...

R9403 - Referral to Another Judicial District. - Rule 9403. Referral to another judicial district. Notwithstanding rule 9402,...

R9404 - Certificate of Character and Fitness. - Rule 9404. Certificate of character and fitness. Unless otherwise ordered...

R9405 - Prior Application. - Rule 9405. Prior application. In the event that any applicant...

R9406 - Proof. - Rule 9406. Proof. No person shall receive said certificate from...

R9407 - Filing. - Rule 9407. Filing. Every application for admission to practice, together...

Article 97 - Records of Clerks of the Courts

R9701 - Records to Be Kept by the Clerk of Appellate Division. - Rule 9701. Records to be kept by the clerk of...

R9702 - Books to Be Kept by the Clerks of Other Courts. - Rule 9702. Books to be kept by the clerks of...

R9703 - Form of Records. - Rule 9703. Form of records. A clerk shall keep books...

Article 98 - Actions Against Villages

9801 - Actions Against the Village. - § 9801. Actions against the village. 1. No action shall...

9802 - Liability of Villages in Certain Actions. - § 9802. Liability of villages in certain actions. Except as...

9803 - Place of Trial of Actions and Proceedings Against Villages. - § 9803. Place of trial of actions and proceedings against...

9804 - Notice of Defects in Certain Actions. - § 9804. Notice of defects in certain actions. No civil...

Article 100 - Repeal; Saving Clauses; Effective Date

10001 - Repeal of the Civil Practice Act. - § 10001. Repeal of the civil practice act. Chapter nine...

10002 - Abrogation of Rules of Civil Practice. - § 10002. Abrogation of rules of civil practice. The rules...

10003 - Pending and Subsequent Proceedings. - § 10003. Pending and subsequent proceedings. This act shall apply...

10004 - Effect of Unconstitutionality in Part. - § 10004. Effect of unconstitutionality in part. If any clause,...

10005 - Effective Date. - § 10005. Effective date. This act shall take effect September...

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New York Laws CVP - Civil Practice Law and Rules

New York Laws
CVP - Civil Practice Law and Rules