Statute:

Particularity as to specific matters

Rule 3015. Particularity as to specific matters. (a) Conditions
precedent. The performance or occurrence of a condition precedent in a
contract need not be pleaded. A denial of performance or occurrence
shall be made specifically and with particularity. In case of such
denial, the party relying upon the performance or occurrence shall be
required to prove on the trial only such performance or occurrence as
shall have been so specified.

(b) Corporate status. Where any party is a corporation, the complaint
shall so state and, where known, it shall specify the state, country or
government by or under whose laws the party was created.

(c) Judgment, decision or determination. A judgment, decision or other
determination of a court, judicial or quasi-judicial tribunal, or of a
board or officer, may be pleaded without stating matter showing
jurisdiction to render it.

(d) Signatures. Unless specifically denied in the pleadings each
signature on a negotiable instrument is admitted.

(e) License to do business. Where the plaintiff's cause of action
against a consumer arises from the plaintiff's conduct of a business
which is required by state or local law to be licensed by the department
of consumer affairs of the city of New York, the Suffolk county
department of consumer affairs, the county of Rockland, the county of
Putnam, the county of Westchester, or the Nassau county department of
consumer affairs, the complaint shall allege, as part of the cause of
action, that plaintiff was duly licensed at the time of services
rendered and shall contain the name and number, if any, of such license
and the governmental agency which issued such license. The failure of
the plaintiff to comply with this subdivision will permit the defendant
to move for dismissal pursuant to paragraph seven of subdivision (a) of
rule thirty-two hundred eleven of this chapter.

CVP 3015 2019-12-27

Sections:

Article 30 REMEDIES AND PLEADING
Section 3001 Declaratory judgment
Section 3002 Actions and relief not barred for inconsistency
Section 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments
Section 3004 Where restoration of benefits before judgment unnecessary
Section 3005 Relief against mistake of law
Section 3011 Kinds of pleadings
Section 3012 Service of pleadings and demand for complaint
Section 3012-A Certificate of merit in medical, dental and podiatric malpractice actions
Section 3012-B Certificate of merit in certain residential foreclosure actions
Section 3013 Particularity of statements generally
Section 3014 Statements
Section 3015 Particularity as to specific matters
Section 3016 Particularity in specific actions
Section 3017 Demand for relief
Section 3018 Responsive pleadings
Section 3019 Counterclaims and cross-claims
Section 3020 Verification
Section 3021 Form of affidavit of verification
Section 3022 Remedy for defective verification
Section 3023 Construction of verified pleading
Section 3024 Motion to correct pleadings
Section 3025 Amended and supplemental pleadings
Section 3026 Construction
Section 3031 Simplified procedure for court determination of disputes--action without pleadings
Section 3032 Contents of statement
Section 3033 Contracts to submit; enforcement of submission
Section 3034 Motion procedure to settle statement terms
Section 3035 Simplified procedure authorized
Section 3036 Court determination
Section 3037 Appeal
Section 3041 Bill of particulars in any case
Section 3042 Procedure for bill of particulars
Section 3043 Bill of particulars in personal injury actions
Section 3044 Verification of bill of particulars
Section 3045 Arbitration of damages in medical, dental or podiatric malpractice actions

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