procedural guides

Counterclaims in New York Supreme Court — the Rules of Civil Procedure

A counterclaim is initiated upon service of the pleading containing it. CPLR 203(d). Counterclaims are subject to the same statute of limitations provisions found in Article 2 of the Civil Practice Law and Rules. Notwithstanding the expiration of time under the statute of limitations, if a counterclaim was not time-barred at the time the original complaint was filed, it may be asserted during the pendency of that action. CPLR 203(d).