This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
New York Separate Answer and Defenses to Amended Complaint
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Multi-State
Control #:
US-PI-0189
Format:
Word;
Rich Text
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How to fill out Separate Answer And Defenses To Amended Complaint?
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FAQ
Civil Practice Law and Rules [CPLR] Section 3025 authorizes the amendment of a pleading in an action, including the Complaint of the plaintiff.
All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section.
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that ?utterly refute? allegations in a complaint, but it is not boundless.
CPLR 3212(b) provides for summary judgment in toto if, ?upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party.? CPLR 3212(e) provides for partial summary judgment, or ?summary judgment ...
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
Laws of N.Y., Book 7B, C.P.L.R. C32 at 22. Materials that clearly qualify as ?documentary evidence? include judicial records, such as judgments and orders, as well as documents reflecting out of-court transactions, such as contracts, deeds, wills, and mortgages. Fontanetta, 73 A.D.3d at 84-85 (citation omitted).
Pleadings are amended for various reasons, including correcting facts, adding claims, adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law.
CPLR 3211(a)(7) provides: "A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: . . . the pleading fails to state a cause of action . .. ." . . . either party may submit any evidence that could properly be considered on a motion for summary judgment ....