Use this At A Glance Guide to learn the rules of civil procedure (New York’s Civil Practice Law and Rules “CPLR”) applicable to cross-claims in New York Supreme Court. For a more detailed treatment, including local rules, please see the New York Supreme Court SmartRules Guides: Cross-claim.
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Courts frequently change rules and requirements, sometimes without warning. Rely on SmartRules and our extensive network of court resources to keep you constantly informed of the latest rules and requirements.
Note: New York Rules of Civil Procedure have been updated since this article was written. For up-to-date information always use SmartRules Guides.
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Timing
Cross-claims may be included in the defendant’s answer. CPLR 3011. Accordingly, the cross-claim should, under normal circumstances, be asserted within the same time allowed for the answer, typically twenty (20) days. See New York SmartRulesTM procedural guide: ANSWER for more about answer timing requirements.
Cross-claim Rules
In New York, unlike the federal courts, cross-claims may be asserted by defendants against co-defendants (and third parties) for any cause of action. CPLR 3019(b). The cause of action need not be related to the underlying complaint. The cross-claim may include a claim that the cross-defendant is liable to the cross-claimant for all or any part of the claim against cross-claimant in the underlying complaint. CPLR 3019(b).
The CPLR requires that a cross-claim include a demand for an answer. However, if a demand is not made the cross-claim will be deemed denied or avoided. CPLR 3011.
A cross-claim may join as many claims as the defendant/cross-claimant has against an adverse party. CPLR 601. The court may, for reasons of relevancy or to avoid undue burden, sever claims or order separate trials. CPLR 603.
A cross-claim must include a demand for the relief requested. CPLR 3017(a); CPLR 3019.
Pleadings in actions for personal injury or wrongful death are subject to certain additional requirements. CPLR 3017(c).
In cases where monetary relief is sought, a demand for a specific amount is common. Case law suggests that this is not essential as a matter of pleading. In medical malpractice actions and actions against municipal corporations, case law suggests that a specific dollar amount should not be included in the demand for money damages.
The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.