Section 902. Pleadings; form  


Latest version.
  • (a)  All  pleadings  shall  be  formal  pleadings, as in supreme court
      practice, except that:
        (1) If the plaintiff's cause of action  is  for  money  only  and  the
      summons  is  served  within  the  county, the cause of action may be set
      forth by indorsement upon the summons. The indorsement shall consist  of
      a  statement of the nature and substance of the cause of action, and the
      summons in such instance  shall  set  forth  the  amount  in  which  the
      plaintiff  will  take judgment in the event of default. If the plaintiff
      shall appear without attorney, such indorsement shall  be  made  by  the
      clerk.
        (2)  Where  the  plaintiff's cause of action is for money only and the
      defendant appears without attorney, he may describe his  answer  to  the
      clerk,  who  shall indorse the nature and substance of the answer on, or
      annex it to, the summons.
        (b) If a formal complaint must be or is used, it shall be served  with
      the  summons,  except  that  if  service is made by publication the CPLR
      shall govern.
        (c) The address of the defendant, and that of his attorney if he shall
      appear by attorney, shall be stated with or in the answer.
        (d) The rules may provide, in actions for  money  only  in  designated
      categories in which the plaintiff might otherwise proceed by indorsement
      as above provided, that a formal complaint, or a formal answer, or both,
      shall be required.
        (e) The court in any case may, at any time before judgment, on its own
      motion  or  on  the  motion on notice of a party, direct the service and
      filing of a formal pleading.