Legislation
SECTION 3019
Counterclaims and cross-claims
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
§ 3019. Counterclaims and cross-claims. (a) Subject of counterclaims.
A counterclaim may be any cause of action in favor of one or more
defendants or a person whom a defendant represents against one or more
plaintiffs, a person whom a plaintiff represents or a plaintiff and
other persons alleged to be liable.
(b) Subject of cross-claims. A cross-claim may be any cause of action
in favor of one or more defendants or a person whom a defendant
represents against one or more defendants, a person whom a defendant
represents or a defendant and other persons alleged to be liable. A
cross-claim may include a claim that the party against whom it is
asserted is or may be liable to the cross-claimant for all or part of a
claim asserted in the action against the cross-claimant.
(c) Counterclaim against trustee or nominal plaintiff. In an action
brought by a trustee or in the name of a plaintiff who has no actual
interest in the contract upon which it is founded, a claim against the
plaintiff shall not be allowed as a counterclaim, but a claim existing
against the person beneficially interested shall be allowed as a
counterclaim to the extent of the plaintiff's claim, if it might have
been so allowed in an action brought by the person beneficially
interested.
(d) Cause of action in counterclaim or cross-claim deemed in
complaint. A cause of action contained in a counterclaim or a
cross-claim shall be treated, as far as practicable, as if it were
contained in a complaint, except that separate process, trial or
judgment may not be had unless the court so orders. Where a person not a
party is alleged to be liable a summons and answer containing the
counterclaim or cross-claim shall be filed, whereupon he or she shall
become a defendant. Service upon such a defendant shall be by serving a
summons and answer containing the counterclaim or cross-claim. Such
defendant shall serve a reply or answer as if he or she were originally
a party.
A counterclaim may be any cause of action in favor of one or more
defendants or a person whom a defendant represents against one or more
plaintiffs, a person whom a plaintiff represents or a plaintiff and
other persons alleged to be liable.
(b) Subject of cross-claims. A cross-claim may be any cause of action
in favor of one or more defendants or a person whom a defendant
represents against one or more defendants, a person whom a defendant
represents or a defendant and other persons alleged to be liable. A
cross-claim may include a claim that the party against whom it is
asserted is or may be liable to the cross-claimant for all or part of a
claim asserted in the action against the cross-claimant.
(c) Counterclaim against trustee or nominal plaintiff. In an action
brought by a trustee or in the name of a plaintiff who has no actual
interest in the contract upon which it is founded, a claim against the
plaintiff shall not be allowed as a counterclaim, but a claim existing
against the person beneficially interested shall be allowed as a
counterclaim to the extent of the plaintiff's claim, if it might have
been so allowed in an action brought by the person beneficially
interested.
(d) Cause of action in counterclaim or cross-claim deemed in
complaint. A cause of action contained in a counterclaim or a
cross-claim shall be treated, as far as practicable, as if it were
contained in a complaint, except that separate process, trial or
judgment may not be had unless the court so orders. Where a person not a
party is alleged to be liable a summons and answer containing the
counterclaim or cross-claim shall be filed, whereupon he or she shall
become a defendant. Service upon such a defendant shall be by serving a
summons and answer containing the counterclaim or cross-claim. Such
defendant shall serve a reply or answer as if he or she were originally
a party.