VERIFIED ANSWER AND OPTIONAL COUNTERCLAIM

Small Claims Part – State of New York

[// GUIDANCE: This template is designed for use in any New York State Small Claims Part (City Court, Town/Village Court, or NYC Civil Court – Small Claims). Some courts do not require or even accept a formal written answer. Always confirm the local clerk’s practice and filing deadline (often specified in the Notice of Claim).]

I. CAPTION

COURT: [_] Small Claims Part
COUNTY: [_]
INDEX/CLAIM NO.: [___]

[PLAINTIFF NAME(S)],
Plaintiff(s),

-against- VERIFIED ANSWER
AND OPTIONAL
COUNTERCLAIM

[DEFENDANT NAME(S)],
Defendant(s).

II. PRELIMINARY STATEMENT

1. Defendant [DEFENDANT NAME] (“Defendant”) appears in the above-captioned matter and respectfully submits this Verified Answer to the Statement/Notice of Claim dated [DATE] (the “Complaint”).
2. Defendant denies liability in any amount and asserts the affirmative defenses and counterclaims set forth below, all pursuant to the New York Uniform City Court Act §§ 1801–1819 (or Uniform Justice Court Act, as applicable).

[// GUIDANCE: Replace Uniform City Court Act with Uniform Justice Court Act if the Small Claims Part is in a Town or Village Court.]

III. JURISDICTION & VENUE

3. Defendant admits that this Court has subject-matter jurisdiction under N.Y. U.C.C.A. § 1801 (small claims not exceeding the statutory monetary limit) and that venue is proper in [COUNTY] because the transaction/occurrence allegedly giving rise to the claim occurred within this county.
4. Except as expressly admitted herein, every allegation of the Complaint is denied.

IV. PARAGRAPH-BY-PARAGRAPH RESPONSES

[// GUIDANCE: Match each numbered allegation in the Complaint. If the Complaint is unnumbered, state “Defendant denies each and every allegation not expressly admitted.”]

5. Allegation No. 1: [ADMIT / DENY / PARTIALLY ADMIT-DENY]
6. Allegation No. 2: [ADMIT / DENY / PARTIALLY ADMIT-DENY]
   ...continue as needed...

V. AFFIRMATIVE DEFENSES

Without assuming any burden not imposed by law, Defendant asserts the following defenses pursuant to CPLR 3018(b) and applicable small-claims practice. Discovery may reveal additional defenses, all of which are expressly reserved.

A. Failure to State a Claim
B. Lack of Personal Jurisdiction / Improper Service
C. Statute of Limitations
D. Payment, Accord and Satisfaction, or Set-Off
E. Unjust Enrichment / Quantum Meruit Barred by Contract
F. Breach by Plaintiff / Prior Material Breach
G. Waiver, Estoppel, and Laches
H. Failure to Mitigate Damages
I. Statutory Cap Exceeded (U.C.C.A. § 1801 limit of $10,000; U.J.C.A. § 1801 limit of $5,000)
J. Any Other Defense Revealed Through Investigation or Trial

[// GUIDANCE: Delete, combine, or renumber defenses to avoid surplusage. Place the most fact-specific defenses first.]

VI. OPTIONAL COUNTERCLAIM(S)

[// GUIDANCE: Under N.Y. U.C.C.A. § 1805, a defendant may assert a counterclaim up to the same monetary limit. File/serve at least five days before trial OR orally assert at the hearing, subject to the judge’s discretion. Complete only if you have a bona fide claim.]

Counterclaim No. 1 – [BREACH OF CONTRACT]

1. Defendant realleges ¶¶ 1–4 as if fully set forth herein.
2. On or about [DATE], Plaintiff and Defendant entered into a contract whereby Plaintiff agreed to [DESCRIPTION].
3. Plaintiff materially breached the contract by [SPECIFIC BREACH].
4. As a direct and proximate result, Defendant sustained damages of $[AMOUNT], exclusive of interest and court costs.

WHEREFORE, Defendant demands judgment on the Counterclaim in the sum of $[AMOUNT] plus interest, costs, and such other relief as the Court deems just.

[// GUIDANCE: Add additional counterclaims as needed. Each must fit within the small-claims monetary ceiling.]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

a. Dismiss the Complaint in its entirety with prejudice;
b. Enter judgment in favor of Defendant on any Counterclaim(s) asserted herein;
c. Award statutory costs and disbursements to Defendant; and
d. Grant such other and further relief as the Court deems just and proper.

VIII. VERIFICATION

[// GUIDANCE: Many Small Claims Parts do not require verification; include it if local rules mandate.]

STATE OF NEW YORK )
COUNTY OF ___ ) ss.:

I, [DEFENDANT NAME], being duly sworn, depose and say:
I am the Defendant in this action; I have read the foregoing Verified Answer and know the contents thereof; the same are true to my own knowledge, except as to those matters alleged upon information and belief, and as to those matters I believe them to be true.

[DEFENDANT NAME]

Sworn to before me this
day of _, 20___.

Notary Public

IX. CERTIFICATE OF SERVICE

I certify that on [DATE] I served a true copy of this Verified Answer [and Counterclaim] upon:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]
[MODE OF SERVICE: e.g., First-Class Mail]
in accordance with CPLR 2103 and the rules of this Court.

[DEFENDANT OR ATTORNEY SIGNATURE]
Name: ____
Address: ____
Phone: ___
Email: _____

KEY NEW YORK SMALL-CLAIMS COMPLIANCE CHECKLIST

1. Answer Deadline: Confirm date in the Clerk’s Notice of Claim (often 10–30 days before the hearing).
2. Counterclaim Filing: Serve/file ≥ 5 days before trial or assert orally (§ 1805).
3. Monetary Limits: $10,000 (City Courts incl. NYC Civil), $5,000 (Town/Village).
4. Jury Trial: Not available unless expressly authorized and demanded with statutory deposit; metadata here presumes waiver.
5. Service Method: Mail or personal delivery per CPLR 2103 and local rules.

[// GUIDANCE: Always verify local court rules, as practices differ among NYC Civil, City, and Town/Village Small Claims Parts. This template is intentionally broad to maximize usability.]