[// GUIDANCE: This template is drafted for use in New York State Supreme Court or County Court civil actions. It provides a “general denial” while preserving all procedural and substantive defenses, and it can be adapted to lower courts (e.g., City, District) with minimal modifications.]
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
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[PLAINTIFF NAME(S)],
Plaintiff(s),
-against- Index No. [_]
[DEFENDANT NAME(S)],
Defendant(s).
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ANSWER AND GENERAL DENIAL
Defendant(s), by their undersigned counsel, hereby answer the Complaint of Plaintiff(s) as follows:
-
General Denial
Pursuant to N.Y. C.P.L.R. § 3015 and § 3018(a), Defendant(s) deny each and every allegation contained in the Complaint, including the statement of damages, except those expressly and specifically admitted herein. -
Admissions
[PLACEHOLDER: Insert any facts Defendant affirmatively wishes to admit. If none, state “None.”] -
Defendant(s) demand all available relief and respectfully submit the following Affirmative Defenses and, where applicable, Counterclaims.
AFFIRMATIVE DEFENSES
Without assuming any burden of proof not otherwise imposed by law, and reserving the right to assert additional defenses as discovery proceeds, Defendant(s) plead the following:
First Defense – Failure to State a Cause of Action
The Complaint, in whole or in part, fails to state facts sufficient to constitute a cause of action. See C.P.L.R. § 3211(a)(7).
Second Defense – Statute of Limitations
One or more causes of action are barred by the applicable statute(s) of limitation. See C.P.L.R. § 3211(a)(5).
Third Defense – Lack of Personal Jurisdiction
This Court lacks personal jurisdiction over Defendant(s) due to improper service and/or insufficient minimum contacts. See C.P.L.R. § 3211(a)(8).
Fourth Defense – Improper Service of Process
Service of the Summons and Complaint was defective under C.P.L.R. §§ 308, 311 & 312-a.
Fifth Defense – Lack of Standing and/or Capacity
Plaintiff(s) lack standing and/or legal capacity to sue.
Sixth Defense – Waiver, Estoppel, and/or Laches
Plaintiff(s)’ claims are barred, in whole or in part, by waiver, estoppel, and/or laches.
Seventh Defense – Payment, Accord and Satisfaction, and/or Set-Off
Any alleged obligation has been discharged, satisfied, or extinguished; alternatively, any recovery must be reduced by set-off or recoupment.
Eighth Defense – Failure to Mitigate
Plaintiff(s) have failed to mitigate their alleged damages.
Ninth Defense – Comparative/Contributory Negligence
If Plaintiff(s) sustained any damages, such damages were caused, in whole or in part, by Plaintiff(s)’ own negligence, which must be compared and offset pursuant to C.P.L.R. Art. 14-A.
Tenth Defense – Reservation of Additional Defenses
Defendant(s) explicitly reserve the right to assert additional defenses, cross-claims, third-party claims, or counterclaims as may be revealed during discovery.
[// GUIDANCE: Insert or delete defenses to fit the facts; list any statutory defenses unique to the subject matter (e.g., GOL, UCC, RPAPL).]
COUNTERCLAIMS (OPTIONAL)
[PLACEHOLDER: If asserting counterclaims, title each as “FIRST COUNTERCLAIM,” “SECOND COUNTERCLAIM,” etc., and plead in numbered paragraphs, concluding with a demand for relief. Counterclaims are governed by C.P.L.R. § 3019. Delete this section if none.]
PRAYER FOR RELIEF
WHEREFORE, Defendant(s) respectfully request that the Court:
A. Dismiss the Complaint in its entirety, with prejudice;
B. Enter judgment in favor of Defendant(s) on all claims;
C. Award Defendant(s) the costs and disbursements of this action, including reasonable attorney’s fees where permitted by law or contract;
D. Grant such other and further relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL (OPTIONAL)
[PLACEHOLDER: If a jury trial is sought, insert “Defendant(s) hereby demand a trial by jury on all issues so triable.” Omit if not applicable.]
Dated: [DATE]
[City], New York
Respectfully submitted,
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
Attorneys for Defendant(s)
[Address]
[Telephone] | [Email]
ATTORNEY CERTIFICATION – 22 NYCRR § 130-1.1-a
The undersigned certifies that, to the best of the undersigned’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper and the contentions herein are not frivolous as defined in 22 NYCRR § 130-1.1(c).
[ATTORNEY NAME], Esq.
VERIFICATION (Use ONLY if Complaint is Verified)
STATE OF NEW YORK )
: ss.:
COUNTY OF [_] )
[DEFENDANT NAME], being duly sworn, deposes and says:
- I am the [TITLE] of the Defendant named in the foregoing Answer; I have read the Answer; and the same is true to my own knowledge, except as to matters therein stated to be alleged on 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
CERTIFICATE OF SERVICE
I certify that on [DATE] I caused a true and correct copy of the foregoing Answer and General Denial to be served upon all counsel/parties of record via [METHOD OF SERVICE] pursuant to C.P.L.R. § 2103.
[NAME]
[// GUIDANCE:
1. Answer Deadline – Under C.P.L.R. § 3012(a), the Answer is due:
• 20 days after personal delivery of the Summons & Complaint within NY;
• 30 days after service is complete when service is made by any other method; or
• Such other time as fixed by stipulation or court order.
2. Verification – If Plaintiff’s pleading is verified, Defendant’s Answer must also be verified (C.P.L.R. §§ 3020-3021), unless Defendant is a corporation, which may verify through an officer or attorney.
3. Counterclaims – NY permits permissive counterclaims; none are compulsory, but certain claims may be lost if not asserted (e.g., transactional relatedness and res judicata). Carefully evaluate before omitting.
4. Jury Demand – Must be served with the Answer or within 15 days thereafter (C.P.L.R. § 4102(a)).
5. Amendments – As of right within 20 days of service or before responsive pleading is served, whichever is earlier (C.P.L.R. § 3025(a)).
6. Always tailor affirmative defenses to the specific facts and preserve those that might otherwise be deemed waived if not raised in the initial responsive pleading (e.g., jurisdictional defenses under § 3211(e)).
]