N.Y. CPLR § 3018

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3018 Responsive pleadings § 3018. Responsive pleadings. (a) Denials. A party shall deny thosestatements known or believed by him to be untrue. He shall specify thosestatements as to the truth of which he lacks knowledge or informationsufficient to form a belief and this shall have the effect of a denial.All other statements of a pleading are deemed admitted, except thatwhere no responsive pleading is permitted they are deemed denied oravoided.(b) Affirmative defenses. A party shall plead all matters which if notpleaded would be likely to take the adverse party by surprise or wouldraise issues of fact not appearing on the face of a prior pleading suchas arbitration and award, collateral estoppel, culpable conduct claimedin diminution of damages as set forth in article fourteen-A, dischargein bankruptcy, facts showing illegality either by statute or common law,fraud, infancy or other disability of the party defending, payment,release, res judicata, statute of frauds, or statute of limitation. Theapplication of this subdivision shall not be confined to the instancesenumerated.