N.Y. Civil Practice Law & Rules § 3018: Responsive pleadings

§ 3018. Responsive pleadings. (a) Denials. A party shall deny those

statements known or believed by him to be untrue. He shall specify those

statements as to the truth of which he lacks knowledge or information

sufficient to form a belief and this shall have the effect of a denial.

All other statements of a pleading are deemed admitted, except that

where no responsive pleading is permitted they are deemed denied or

avoided.

(b) Affirmative defenses. A party shall plead all matters which if not

pleaded would be likely to take the adverse party by surprise or would

raise issues of fact not appearing on the face of a prior pleading such

as arbitration and award, collateral estoppel, culpable conduct claimed

in diminution of damages as set forth in article fourteen-A, discharge

in bankruptcy, facts showing illegality either by statute or common law,

fraud, infancy or other disability of the party defending, payment,

release, res judicata, statute of frauds, or statute of limitation. The

application of this subdivision shall not be confined to the instances

enumerated.