N.Y. CPLR § 405

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 405 Correction of defects in papers § 405. Correction of defects in papers. (a) Motion to correct. Eitherparty may move to cure a defect or omission in the record, or to strikescandalous or prejudicial matter unnecessarily inserted in a pleading,or for a more definite statement of a pleading which is so vague orambiguous that he cannot reasonably be required to frame a response.(b) Time limits; pleading after disposition. A party shall make amotion under this section by serving a notice of motion or order to showcause within the time allowed for his responsive pleading. Unless thecourt so orders on motion made without notice on the ground that theparty is unable to plead until the papers are corrected, the motionshall not extend the time for such responsive pleading. If the motion isgranted, the party who made the motion shall serve and file hisresponsive pleading within five days after service of the amendedpleading. If the motion is denied and the time to serve a responsivepleading has been extended, the party shall serve and file hisresponsive pleading within two days after service of the order denyingthe motion with notice of entry, unless the order specifies otherwise. Aparty may re-notice the matter for hearing upon two days' notice.(c) Petitioner's motion. The petitioner may raise the objectionsspecified in subdivision (a) in his reply or by motion on the day onwhich the petition has been noticed or re-noticed to be heard.