§ 249. Verification of counterclaim. 250. Verification of answer where fraud is charged in complaint. 251. Verification of dilatory defenses. 252. Verification in action against corporation to recover on note or other evidence of debt. 253. Remedy for defective verification. Complaint § 254. First pleading to be complaint. 255. Contents of complaint. 256. When interlocutory and final judgment may be demanded. 257. Service of complaint. 258. Joinder of causes of action. 259. Pleading interest of the people. Answer § 260. Defendant's pleading. 261. Contents of answer. 262. Pleading several defenses or counterclaims. 263. Time within which to answer or appear. 264. Controversy between defendants. 265. Defense of contributory negligence. Counterclaims § 266. Counterclaim defined. Reply 267. Rules respecting the allowance of counterclaims. 268. Counterclaim when defendant is sued in a representative capacity. 269. Counterclaim when plaintiff is an executor or administrator. 270. When defendant to demand affirmative judgment. 271. New parties set up in counterclaim. § 272. Contents of reply. 273. Service of reply. Construction of Pleadings § 275. Construction of pleadings. 276. Construction of allegations in verified pleadings. Objections to Pleadings § 277. Demurrer abolished; objections to pleadings, how taken. 279. Certain objections not waived. 280. Objections; how stated. 281. Motion as to part; pleading as to remainder. 282. Effect of serving answer or reply pending a motion. 283. Pleading after disposition of motion. 284. Disposition of points of law. ART. 28-INTERPLEADER § 285. Action of interpleader. 286. Procedure in action of interpleader. 287. Interpleader in pending action. ART. 29-TESTIMONY BY DEPOSITION § 288. Testimony by deposition during pendency of action, and before trial. 289. Testimony of corporation or association; how taken. 290. Notice of taking testimony by deposition. 291. Motion to vacate or modify the notice. 292. Proceeding by order in the first instance in lieu of notice. 293. Order for taking testimony by deposition before trial [during the trial] or after judgment. 294. General provisions relating to orders. 295. Testimony by deposition before action is commenced. 296. Production of books and papers. 297. Testimony of person in prison. 1 § 298. Testimony to be taken by stipulation. 299. Compelling attendance of witnesses. 300. Where witness may be compelled to attend. 302. Manner of taking testimony. 303. When testimony by deposition to be read in evidence. 304. Conditions under which deposition may be read in evidence. 306. Physical examination. 307. Testimony by deposition to be used on motion. 308. Depositions in special proceedings. 309. Letters rogatory. ART. 30-DEPOSITIONS TAKEN WITHIN THE STATE FOR USE WITHOUT THE STATE § 310. In what cases deposition may be taken. 311. Subpoena to witness. 312. Taking and return of deposition. ART. 31-PERPETUATION OF TESTIMONY IN REAL PROPERTY ACTIONS § 313. Testimony perpetuated in actions or proceedings involving title to real property. 314. Documentary evidence in connection with testimony perpetuated. 315. Mode of introducing testimony perpetuated. 316. Application to take deposition and to perpetuate testimony. 317. Notice of application and appointment of referee. 318. Order to examine witness without the state. 319. Proceedings before referee. 320. Examination; deposition to be signed and certified. ART 32-ADMISSIONS, DISCOVERY AND INSPECTION § 322. Admission of genuineness of paper. 323. Admission of facts. 324. Power of court to require discovery. 325. Penalty for disobedience. 326. Effect of books or documents produced under order for discovery. 328. Disclosure by party in aid of discovery. ART. 33-EVIDENCE Evidence Provisions Generally § 329. Form of certificate. 330. Certificate attested by seal. 331. Proof of written instruments where subscribing witnesses. 333. Proof of lost negotiable paper. 334. Proof of age of child. 335. Proof of ownership of unoccupied lands and timber thereon. 336. Proof of payments by municipal corporation or officer thereof. 338. Proving mitigating circumstances in action for libel or slander. 340. Admission by member of corporation. 341. Presumption of death in certain cases. 342. Seal on executory instrument as evidence of consideration. 343. Testimony of party may be rebutted. 344. Proof by common law proof instead of documentary evidence. 345. Ancillary action for discovery abolished. Competency of Witnesses § 346. Exclusion of witness by reason of interest. 347. Personal transaction or communication between witness and decedent or lunatic. 348. Deceased, insane or non-resident witness. 349. Testimony of husband and wife in action or proceeding. § 350. Competency of testimony of person convicted of crime. 352. Physicians and nurses not to disclose professional information. 356. Testimony of surveyor and proof of standard of measurement. Oaths and Affirmations § 357. Officers before whom oaths and affidavits taken. 358. Oaths and affidavits by officers and committees. 359. Oaths and affidavits taken without the state. 360. Mode of swearing witness. 361. Administration oath without the gospels. 363. Other modes of swearing. 364. Swearing persons not Christians. 365. Court may examine witness before swearing. Substitutes for Oral Testimony § 366. Certificate of search for paper as evidence. 367. Certificate of officer as evidence of facts. 368. Presumption of presentment and protest of bills and notes. 369. Proof of presentment and protest of foreign bills. 370. Affidavit of publication in newspaper. 371. Affidavit of service or posting notice. 372. Marriage certificate as evidence. 373. Book of foreign corporation as evidence. 374. Copy of books of foreign corporation. 375. Evidence of weather conditions. 376. Proof of lost execution or writ after sheriff's sale of real property. 379. Recitals as to heirship in conveyance. Statutes, Records and Documents Within State § 380. Proof of statutes and resolutions. 381. Proof of colonial statutes. 382. Proof of public records and papers. 383. Proof of papers and records in town clerk's office. 384. Conveyance and record as evidence. 385. Searches by title insurance and abstract companies. 386. Acknowledged, proved or certified instrument. 387. Proof of proceedings before justice of the peace. 388. Proof of municipal records. 389. Proof of public records in New York county. 390. Proof of books and records in state comptroller's office. Statutes, Records and Documents Without State § 391. Proof of statutes, decrees and decisions of another state or country. 392. Conveyance of land without the state as evidence. 393. Exemplification of record of conveyance of land without the state. 394. Proof of proceedings before justice of adjoining state. 395. Proof of foreign court records and proceedings. 396. Testimony of witness as proof of foreign court record. 397. Effect of authenticated foreign court record. 398. Proof of foreign records and documents. Records and Documents in United States Courts and Departments § 399. Copies of records of United States courts. 400. Records and documents in United States departments. 401. Certificate of population by director of census. 402. Record of conveyance or mortgage of vessels as evidence. Subpoenas § 403. Issuance of subpœna. 404. Service of subpoena issued out of a court. § 405. Penalty for disobedience to subpoena or order. 406. Subpoena issued by judge, arbitrator, referee or other persons, in cer tain cases. 407. Qualification of preceding sections. 408. Discharge of witness from arrest. 409. Attendance of person when required by judgment. § 415. Order to bring up prisoner as witness. ART. 34-TRIAL 416. Order to produce prisoner before officer or body. 420. Penalty for failure to obey order to produce prisoner. Trial Generally § 421. Issues defined and enumerated. 422. When issue of fact arises. 423. Trial of issues. 424. Counterclaim deemed complaint for trial purposes. 426. Trial by jury; how waived. 427. Issues triable by court. 428. If trial by jury waived, action tried by court. 429. Jury trial of specific questions of fact; when of right. 430. Jury trial of specific questions of fact; when discretionary. 431. Trial of remaining issues after reference. 432. Terms at which issues tried. 433. Bringing issue to trial. 434. Variance between pleading and proof. 435. Decision or verdict for increased damages. 436. Trial may be continued beyond term. 437. Trial elsewhere than at court house. 438. Trial of action at chambers after adjournment of special term. 440. Form of decision. 441. Decision where nonsuit granted. 442. Time within which decision must be filed. 443. Order of disposition of issues at the trial. 444. Exception to ruling on question of law. 445. Exceptions after close of trial by court or referee. 446. Exceptions during the trial. 447. Exception after trial by court or referee and interlocutory judgment. Trial by Jury § 448. Persons who constitute the jury. 449. Special jury. 450. Challenges generally. 451. Peremptory challenges. 452. Challenge to the favor. 453. Challenge to panel or array. 454. Challenge where municipality is party. 455. Disqualification of juror for relationship. 456. Exceptions and challenges of talesmen. 457-a. Direction of a verdict. 458. General and special verdict defined. 459. General and special verdict and special findings. 460. Verdict in action to recover money. 461. Verdict subject to opinion of court. 462. Presence of plaintiff not necessary when verdict delivered, Trial by Referee § 464. Reference by consent of parties. 467. Compulsory reference upon questions incidentally arising. 469. General powers of a referee. 470. Referee's report. 471. Requests to referee to find. ART. 35-JUDGMENT Judgment Generally § 472. Definition of judgment. 473. Declaratory judgments. 474. Judgment may be for or against any of the parties. 478. Judgment after death of party. 479. Demand as affecting amount of judgment. 480. Interest on sum awarded to be included in recovery. 481. Judgment to bear interest. 482. Effect of judgment dismissing complaint. 483. Judgment where personal service is made without the state. Judgment by Default § 485. Entry of default judgment by the clerk. 486. Proof to be filed with clerk by plaintiff upon default. 487. Determination by clerk of amount of default judgment. 488. Judgment for excess where counterclaim interposed. 489. Application to court for judgment by default. 490. Rendering default judgment by court. 491. Application where one or more defendants have appeared. 492. Judgment by default against infant defendant. 493. Judgment by default where service without state or not personal. 494. Judgment upon failure to reply. Judgment After Trial § 495. Judgment after verdict. Judgment After Appeal § 496. Final judgment after affirmance by appellate division. 497. Mode of enforcing affirmed or modified judgment. 498. Docket of reversed or modified judgment. 499. Judgment after motion for new trial, heard by appellate division. Entry and Docket of Judgment $500. Entry of judgment in county where real property situated. 502. Transcripts and docketing judgments thereon. 503. Judgment-roll must be filed before enforcement. Enforcement of Judgment 504. Enforcement of judgment by execution. 505. Enforcement of judgment without execution. 506. Place and mode of sale of real property. 507. Security upon sale by referee. 508. Conveyance to state name of party. Lien of Judgment § 509. Judgment not lien until docketed. 510. Lien of judgment upon real property. 511. Amendment of judgment to designate judgment debtor by name. 512. Levy upon real property. 513. Exemption from levy of land under contract. |