N.Y. CPLR § 3019

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3019 Counterclaims and cross-claims § 3019. Counterclaims and cross-claims. (a) Subject of counterclaims.A counterclaim may be any cause of action in favor of one or moredefendants or a person whom a defendant represents against one or moreplaintiffs, a person whom a plaintiff represents or a plaintiff andother persons alleged to be liable.(b) Subject of cross-claims. A cross-claim may be any cause of action infavor of one or more defendants or a person whom a defendant representsagainst one or more defendants, a person whom a defendant represents ora defendant and other persons alleged to be liable. A cross-claim mayinclude a claim that the party against whom it is asserted is or may beliable to the cross-claimant for all or part of a claim asserted in theaction against the cross-claimant.(c) Counterclaim against trustee or nominal plaintiff. In an actionbrought by a trustee or in the name of a plaintiff who has no actualinterest in the contract upon which it is founded, a claim against theplaintiff shall not be allowed as a counterclaim, but a claim existingagainst the person beneficially interested shall be allowed as acounterclaim to the extent of the plaintiff's claim, if it might havebeen so allowed in an action brought by the person beneficiallyinterested.(d) Cause of action in counterclaim or cross-claim deemed incomplaint. A cause of action contained in a counterclaim or across-claim shall be treated, as far as practicable, as if it werecontained in a complaint, except that separate process, trial orjudgment may not be had unless the court so orders. Where a person not aparty is alleged to be liable a summons and answer containing thecounterclaim or cross-claim shall be filed, whereupon he or she shallbecome a defendant. Service upon such a defendan person not aparty is alleged to be liable a summons and answer containing thecounterclaim or cross-claim shall be filed, whereupon he or she shallbecome a defendant. Service upon such a defendant shall be by serving asummons and answer containing the counterclaim or cross-claim. Suchdefendant shall serve a reply or answer as if he or she were originallya party.