Legislation
SECTION 902
Pleadings; form
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 9
§ 902. Pleadings; form. (a) All pleadings shall be formal pleadings,
as in supreme court practice, except that:
(1) If the plaintiff's cause of action is for money only, the cause of
action may be set forth by indorsement upon the summons. The
indorsement shall consist of a statement of the nature and substance of
the cause of action, and the summons in such instance shall set forth
the amount in which the plaintiff will take judgment in the event of
default. If the plaintiff shall appear without attorney, such
indorsement shall be made by the clerk.
(2) Where the plaintiff's cause of action is for money only and the
defendant appears without attorney, he may describe his answer to the
clerk, who shall indorse the nature and substance of the answer on, or
annex it to, the summons.
(b) If a formal complaint must be or is used, it shall be served with
the summons, except that if service is made by publication the CPLR
shall govern.
(c) The address of the defendant, and that of his attorney if he shall
appear by attorney, shall be stated with or in the answer.
(d) The rules may provide, in actions for money only in designated
categories in which a party might otherwise proceed by indorsement as
above provided, that a formal complaint, or a formal answer, or both,
shall be required.
(e) The court in any case may, at any time before judgment, on its own
motion or on the motion on notice of a party, direct the service and
filing of a formal pleading.
as in supreme court practice, except that:
(1) If the plaintiff's cause of action is for money only, the cause of
action may be set forth by indorsement upon the summons. The
indorsement shall consist of a statement of the nature and substance of
the cause of action, and the summons in such instance shall set forth
the amount in which the plaintiff will take judgment in the event of
default. If the plaintiff shall appear without attorney, such
indorsement shall be made by the clerk.
(2) Where the plaintiff's cause of action is for money only and the
defendant appears without attorney, he may describe his answer to the
clerk, who shall indorse the nature and substance of the answer on, or
annex it to, the summons.
(b) If a formal complaint must be or is used, it shall be served with
the summons, except that if service is made by publication the CPLR
shall govern.
(c) The address of the defendant, and that of his attorney if he shall
appear by attorney, shall be stated with or in the answer.
(d) The rules may provide, in actions for money only in designated
categories in which a party might otherwise proceed by indorsement as
above provided, that a formal complaint, or a formal answer, or both,
shall be required.
(e) The court in any case may, at any time before judgment, on its own
motion or on the motion on notice of a party, direct the service and
filing of a formal pleading.