Section 3018. Responsive pleadings  


Latest version.
  • (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.