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, the complaint
      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. Unless
      the rules of the court provide otherwise,  the  clerk  shall  make  such
      indorsement for a plaintiff appearing without attorney.
        2.  Where  the  plaintiff's  cause of action is for money only and the
      defendant appears without attorney, he may,  unless  the  rules  provide
      otherwise,  describe  his  answer  to  the  clerk, who shall indorse the
      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.