N.Y. Civil Practice Law & Rules § 3016: Particularity in specific actions

Rule 3016. Particularity in specific actions. (a) Libel or slander. In

an action for libel or slander, the particular words complained of shall

be set forth in the complaint, but their application to the plaintiff

may be stated generally.

(b) Fraud or mistake. Where a cause of action or defense is based upon

misrepresentation, fraud, mistake, wilful default, breach of trust or

undue influence, the circumstances constituting the wrong shall be

stated in detail.

(c) Separation or divorce. In an action for separation or divorce, the

nature and circumstances of a party's alleged misconduct, if any, and

the time and place of each act complained of, if any, shall be specified

in the complaint or counterclaim as the case may be.

(d) Judgment. In an action on a judgment, the complaint shall state

the extent to which any judgment recovered by the plaintiff against the

defendant, or against a person jointly liable with the defendant, on the

same cause of action has been satisfied.

(e) Law of foreign country. Where a cause of action or defense is

based upon the law of a foreign country or its political subdivision,

the substance of the foreign law relied upon shall be stated.

(f) Sale and delivery of goods or performing of labor or services. In

an action involving the sale and delivery of goods, or the performing of

labor or services, or the furnishing of materials, the plaintiff may set

forth and number in his verified complaint the items of his claim and

the reasonable value or agreed price of each. Thereupon the defendant by

his verified answer shall indicate specifically those items he disputes

and whether in respect of delivery or performance, reasonable value or

agreed price.

(g) Personal injury. In an action designated in subsection (a) of

section five thousand one hundred four of the insurance law, for

personal injuries arising out of negligence in the use or operation of a

motor vehicle in this state, the complaint shall state that the

plaintiff has sustained a serious injury, as defined in subsection (d)

of section five thousand one hundred two of the insurance law, or

economic loss greater than basic economic loss, as defined in subsection

(a) of section five thousand one hundred two of the insurance law.

(h) Gross negligence or intentional infliction of harm by certain

directors, officers or trustees of certain corporations, associations,

organizations or trusts. In an action or proceeding based upon the

conduct of a director, officer or trustee described in section seven

hundred twenty-a of the not-for-profit corporation law or subdivision

six of section 20.09 of the arts and cultural affairs law, the complaint

shall be verified and shall state whether or not said complaint is based

upon gross negligence or intentional infliction of harm.

(i) Privacy of name in certain legal challenges to college/university

disciplinary findings. In any proceeding brought against a college or

university that is chartered by the regents or incorporated by special

act of the legislature, which proceeding seeks to vacate or modify a

finding that a student was responsible for a violation of college or

university rules regarding a violation covered by article one hundred

twenty-nine-B of the education law, the name and identifying

biographical information of any student shall be presumptively

confidential and shall not be included in the pleadings and other papers

from such proceeding absent a waiver or cause shown as determined by the

court. Such witnesses shall be identified only as numbered witnesses. If

such a name or identifying biographical information appears in a

pleading or paper filed in such a proceeding, the court, absent such a

waiver or cause shown, shall direct the clerk of the court to redact

such name and identifying biographical information and so advise the

parties.

(j) Consumer credit transactions. In an action arising out of a

consumer credit transaction where a purchaser, borrower or debtor is a

defendant, the contract or other written instrument on which the action

is based shall be attached to the complaint, however, for the purposes

of this section, if the account was a revolving credit account, the

charge-off statement may be attached to the complaint instead of the

contract or other written instrument, and the following information

shall be set forth in the complaint:

(1) The name of the original creditor;

(2) The last four digits of the account number printed on the most

recent monthly statement recording a purchase transaction, last payment

or balance transfer;

(3) The date and amount of the last payment or, if no payment was

made, a statement that the purchaser, borrower or debtor made no payment

on the account;

(4) If the complaint contains a cause of action based on an account

stated, the date on or about which the final statement of account was

provided to the defendant;

(5) (A) Except as provided in subparagraph (B) of this paragraph, an

itemization of the amount sought, by (i) principal; (ii) finance charge

or charges; (iii) fees imposed by the original creditor; (iv) collection

costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and

charges.

(B) If the account was a revolving credit account, an itemization of

the amount sought, by: (i) the total amount of the debt due as of

charge-off; (ii) the total amount of interest accrued since charge-off;

(iii) the total amount of non-interest charges or fees accrued since

charge-off; and (iv) the total amount of payments and/or credits made on

the debt since charge-off;

(6) The account balance printed on the most recent monthly statement

recording a purchase transaction, last payment or balance transfer;

(7) (A) Whether the plaintiff is the original creditor.

(B) If the plaintiff is not the original creditor, the complaint shall

also state (i) the date on which the debt was sold or assigned to the

plaintiff; (ii) the name of each previous owner of the account from the

original creditor to the plaintiff and the date on which the debt was

assigned to that owner by the original creditor or subsequent owner; and

(iii) the amount due at the time of the sale or assignment of the debt

by the original creditor; and

(8) Any matters required to be stated with particularity pursuant to

rule 3015 of this article.