N.Y. CPLR § 105

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 105 Definitions § 105. Definitions. (a) Applicability. Unless the context requiresotherwise, the definitions in this section apply to the civil practicelaw and rules.(b) Action and special proceeding. The word "action" includes aspecial proceeding; the words "plaintiff" and "defendant" include thepetitioner and the respondent, respectively, in a special proceeding;and the words "summons" and "complaint" include the notice of petitionand the petition, respectively, in a special proceeding.(c) Attorney. The word "attorney" includes a party prosecuting ordefending an action in person.(d) Civil judicial proceeding. A "civil judicial proceeding" is aprosecution, other than a criminal action, of an independent applicationto a court for relief.(e) Clerk. The word "clerk," as used in any provision respecting anaction or any proceedings therein, means the clerk of the court in whichthe action is triable. In supreme and county court, the word "clerk"shall mean the clerk of the county.(f) Consumer credit transaction. The term "consumer credittransaction" means a transaction wherein credit is extended to anindividual and the money, property, or service which is the subject ofthe transaction is primarily for personal, family or household purposes.(g) Court and judge. The word "court," as used in any provisionconcerning a motion, order or special proceeding, includes a judgethereof authorized to act out of court with respect to such motion,order or special proceeding.(h) Domestic and foreign corporation. A "domestic corporation" is acorporation created by or under the laws of the state, or a corporationlocated in the state and created by or under the laws of the UnitedStates, or a corporation created by or pursuant to the laws in force inthe colony r under the laws of the state, or a corporationlocated in the state and created by or under the laws of the UnitedStates, or a corporation created by or pursuant to the laws in force inthe colony of New York before April nineteenth, seventeen hundredseventy-five. Every other corporation is a "foreign corporation."(h-1) Finance charge. The term "finance charge" means the cost ofconsumer credit as a dollar amount, includes any charge payable directlyor indirectly by the consumer and imposed directly or indirectly by thecreditor as an incident to or a condition of the extension of credit,and does not include any charge of a type payable in a comparable cashtransaction.(i) Garnishee. A "garnishee" is a person who owes a debt to a judgmentdebtor, or a person other than the judgment debtor who has property inhis possession or custody in which a judgment debtor has an interest.(j) Infant, infancy. The word "infant", as used in this chapter, meansa person who has not attained the age of eighteen years. The word"infancy" means the state of being an infant.(k) Judgment. The word "judgment" means a final or interlocutoryjudgment.(l) Judgment creditor. A "judgment creditor" is a person in whosefavor a money judgment is entered or a person who becomes entitled toenforce it.(m) Judgment debtor. A "judgment debtor" is a person, other than adefendant not summoned in the action, against whom a money judgment isentered.(n) Judicial hearing officer. A "judicial hearing officer" means aperson so designated pursuant to provisions of article twenty-two of thejudiciary law.(o) Law. The word "law" means any statute or any civil practice rule.(p) Matrimonial action. The term "matrimonial action" includes actionsfor a separation, for an annulment or dissolution of a marriage, for adivorce, for a declaration of the nullity of a void marriage, for adeclaration of the validity or nullity o ludes actionsfor a separation, for an annulment or dissolution of a marriage, for adivorce, for a declaration of the nullity of a void marriage, for adeclaration of the validity or nullity of a foreign judgment of divorceand for a declaration of the validity or nullity of a marriage.(q) Money judgment. A "money judgment" is a judgment, or any partthereof, for a sum of money or directing the payment of a sum of money.(q-1) Original creditor. The term "original creditor" means the entitythat owned a consumer credit account at the date of default giving riseto a cause of action.(r) Place where action triable. The place where an action is "triable"means the place where the action is pending; or, if no action has beencommenced, any proper place of trial or any proper place to commence theaction; or, after entry of judgment, the place where the judgment wasentered.(s) Real property. "Real property" includes chattels real.* (s-1) The sheriff. The term "the sheriff", as used in this chapter,means the county sheriff as defined in subdivision --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only (a) of sectionthirteen of article thirteen of the constitution and in counties in thecity of New York, the city sheriff as defined in section fifteen hundredtwenty-six of chapter fifty-eight of the New York city charter. For thepurposes of article fifty-two of this chapter relating to theenforcement of money judgments and for the purposes of any provision oflaw which in effect applies any such provision of article fifty-two ofthis chapter, such term shall also mean any "city marshal" as defined inarticle sixteen of the New York city civil court act, except that citymarshals shall have no power to levy upon or sell real property and citymarshals shall have no power of arrest.* NB Repealed June 30, 2026(t) Type size requirement. Whenever except that citymarshals shall have no power to levy upon or sell real property and citymarshals shall have no power of arrest.* NB Repealed June 30, 2026(t) Type size requirement. Whenever a requirement relating to size oftype is stated in point size, the type size requirement shall be deemedmet if the x-height of the type is a minimum of forty-five percent ofthe specified point size. Each point shall be measured as .351millimeter. The x-height size shall be measured as it appears on thepage. The x-height is the height of the lower case letters, exclusive ofascenders or descenders.(u) Verified pleading. A "verified pleading" may be utilized as anaffidavit whenever the latter is required. CPLR § 105 Page 2