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action or special action to recover affidavit amended appeal appellate division application appointed attorney awarded Board in Costs Board's proposed Civil bond cause of action certified change of substance chattel Civil Rights Law clerk Code committee complaint copy counterclaim county clerk court of record court or judge creditor decedent decree defendant delivered deposition direct discharge effect entitled Estate Law execution executor or administrator fees filed final judgment granted guardian habeas corpus hundred Included by Board infant interest judgment debtor jurisdiction jury justice last section last sentence letters testamentary lien marriage ment mortgage motion notice Omitted by Board payment personal property petition plaintiff pleading Practice Act proof provisional remedy provisions Real Property Law rendered resident served sheriff special proceeding specified statute subd subdivision summons supreme court sureties surrogate surrogate's court therein thereof thereto thereupon tion trial undertaking warrant of attachment writ
Side 185 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 966 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Side 925 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Side 463 - ... the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking...
Side 153 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Side 972 - The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Side 328 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
Side 158 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...