N.Y. Civil Practice Law & Rules § 105: Definitions

§ 105. Definitions. (a) Applicability. Unless the context requires

otherwise, the definitions in this section apply to the civil practice

law and rules.

(b) Action and special proceeding. The word "action" includes a

special proceeding; the words "plaintiff" and "defendant" include the

petitioner and the respondent, respectively, in a special proceeding;

and the words "summons" and "complaint" include the notice of petition

and the petition, respectively, in a special proceeding.

(c) Attorney. The word "attorney" includes a party prosecuting or

defending an action in person.

(d) Civil judicial proceeding. A "civil judicial proceeding" is a

prosecution, other than a criminal action, of an independent application

to a court for relief.

(e) Clerk. The word "clerk," as used in any provision respecting an

action or any proceedings therein, means the clerk of the court in which

the action is triable. In supreme and county court, the word "clerk"

shall mean the clerk of the county.

(f) Consumer credit transaction. The term "consumer credit

transaction" means a transaction wherein credit is extended to an

individual and the money, property, or service which is the subject of

the transaction is primarily for personal, family or household purposes.

(g) Court and judge. The word "court," as used in any provision

concerning a motion, order or special proceeding, includes a judge

thereof authorized to act out of court with respect to such motion,

order or special proceeding.

(h) Domestic and foreign corporation. A "domestic corporation" is a

corporation created by or under the laws of the state, or a corporation

located in the state and created by or under the laws of the United

States, or a corporation created by or pursuant to the laws in force in

the colony of New York before April nineteenth, seventeen hundred

seventy-five. Every other corporation is a "foreign corporation."

(h-1) Finance charge. The term "finance charge" means the cost of

consumer credit as a dollar amount, includes any charge payable directly

or indirectly by the consumer and imposed directly or indirectly by the

creditor as an incident to or a condition of the extension of credit,

and does not include any charge of a type payable in a comparable cash

transaction.

(i) Garnishee. A "garnishee" is a person who owes a debt to a judgment

debtor, or a person other than the judgment debtor who has property in

his possession or custody in which a judgment debtor has an interest.

(j) Infant, infancy. The word "infant", as used in this chapter, means

a person who has not attained the age of eighteen years. The word

"infancy" means the state of being an infant.

(k) Judgment. The word "judgment" means a final or interlocutory

judgment.

(l) Judgment creditor. A "judgment creditor" is a person in whose

favor a money judgment is entered or a person who becomes entitled to

enforce it.

(m) Judgment debtor. A "judgment debtor" is a person, other than a

defendant not summoned in the action, against whom a money judgment is

entered.

(n) Judicial hearing officer. A "judicial hearing officer" means a

person so designated pursuant to provisions of article twenty-two of the

judiciary law.

(o) Law. The word "law" means any statute or any civil practice rule.

(p) Matrimonial action. The term "matrimonial action" includes actions

for a separation, for an annulment or dissolution of a marriage, for a

divorce, for a declaration of the nullity of a void marriage, for a

declaration of the validity or nullity of a foreign judgment of divorce

and for a declaration of the validity or nullity of a marriage.

(q) Money judgment. A "money judgment" is a judgment, or any part

thereof, for a sum of money or directing the payment of a sum of money.

(q-1) Original creditor. The term "original creditor" means the entity

that owned a consumer credit account at the date of default giving rise

to a cause of action.

(r) Place where action triable. The place where an action is "triable"

means the place where the action is pending; or, if no action has been

commenced, any proper place of trial or any proper place to commence the

action; or, after entry of judgment, the place where the judgment was

entered.

(s) Real property. "Real property" includes chattels real.

* (s-1) The sheriff. The term "the sheriff", as used in this chapter,

means the county sheriff as defined in subdivision (a) of section

thirteen of article thirteen of the constitution and in counties in the

city of New York, the city sheriff as defined in section fifteen hundred

twenty-six of chapter fifty-eight of the New York city charter. For the

purposes of article fifty-two of this chapter relating to the

enforcement of money judgments and for the purposes of any provision of

law which in effect applies any such provision of article fifty-two of

this chapter, such term shall also mean any "city marshal" as defined in

article sixteen of the New York city civil court act, except that city

marshals shall have no power to levy upon or sell real property and city

marshals shall have no power of arrest.

* NB Repealed June 30, 2028

(t) Type size requirement. Whenever a requirement relating to size of

type is stated in point size, the type size requirement shall be deemed

met if the x-height of the type is a minimum of forty-five percent of

the specified point size. Each point shall be measured as .351

millimeter. The x-height size shall be measured as it appears on the

page. The x-height is the height of the lower case letters, exclusive of

ascenders or descenders.

(u) Verified pleading. A "verified pleading" may be utilized as an

affidavit whenever the latter is required.