N.Y. CPLR § 103

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 103 Form of civil judicial proceedings § 103. Form of civil judicial proceedings. (a) One form of action.There is only one form of civil action. The distinctions between actionsat law and suits in equity, and the forms of those actions and suits,have been abolished.(b) Action or special proceeding. All civil judicial proceedings shallbe prosecuted in the form of an action, except where prosecution in theform of a special proceeding is authorized. Except where otherwiseprescribed by law, procedure in special proceedings shall be the same asin actions, and the provisions of the civil practice law and rulesapplicable to actions shall be applicable to special proceedings.(c) Improper form. If a court has obtained jurisdiction over theparties, a civil judicial proceeding shall not be dismissed solelybecause it is not brought in the proper form, but the court shall makewhatever order is required for its proper prosecution. If the courtfinds it appropriate in the interests of justice, it may convert amotion into a special proceeding, or vice-versa, upon such terms as maybe just, including the payment of fees and costs.