1397. Report and confirmation of agreement and of conveyance.
1398. When particular estates to be included in sale.

1399. When reversionary estates to be included in sale.
1400. Sale contrary to will or conveyance prohibited.
1401. Effect of deed, mortgage, release or lease.

1402. Proceeds of sale deemed real property.

1403. Disposition of proceeds generally; accounting.

1404. Disposition of proceeds exceeding five hundred dollars.

1405. Payment of proceeds of sale of property of nonresident infant.

1406. Debts of infant or incompetent to be paid equally.

1407. Contingent interest in proceeds of infant not in being.

1408. Disposition of proceeds in case of death of infant or incompetent.

1409. Proceedings upon release of inchoate right of dower.

ART. 83-SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL

PROPERTY

§ 1410. When tenant may be removed.

1411. Additional cases in which tenants and others may be removed.

1412. In case of forcible entry or detainer.

1413. Application; to whom made.

1414. Application; by whom made.

1415. Contents of petition.

1416. Notice to be given in certain cases.

1417. Petition by neighbor of bawdy-house or apartment.

1418. Precept; contents.

1419. Precept; return.

1420. Precept; in New York city.

1421. Precept; how served.

1422. Duty of person to whom copy of precept is delivered.

1423. When precept to be served on landlord of bawdy-house or apartment. 1424. Proof of service of precept.

1425. Answer.

1426. Issues upon forcible entry or detainer.

1427. In New York municipal court cause may be transferred to another

1436. Undertaking; how disposed of.

1437. Redemption by lessee.

1438. Redemption by creditor of lessee.

1439. Effect of redemption upon lease.

1440. Order to be made thereon; liability of persons redeeming.

1441. Appeal.

1442. Effect of appeal limited in certain cases.

1443. Warrants; how stayed on appeal.

1444. Appellate court may award restitution; action for damages.

1445. Application of article; effect of final order.

1446. How proceedings under this article may be stayed.

1447. Stay and vacation of warrant [issued] upon default.

ART. 84-ARBITRATION

§ 1448. Submission to arbitration.

1449. Contents of submission.

1450. Appointment of additional arbitrator or umpire.

1451. Hearings by arbitrators.

1452. Oath of arbitrators.

1453. Powers of arbitrators.

1454. Fees and expenses of arbitrators.

1455. Requirements as to award.

!

§ 1456. Motion to confirm award.

1457. Motion to vacate award.

1458. Motion to modify or correct award.

1459. Notice of motion and stay.

1460. Costs on vacating award.

1461. Entry of judgment on award and costs.
1462. Judgment-roll.

1463. Effect of judgment and enforcement.
1464. Appeals.

1465. Death or incompetency of party.

1466. Revocation of submission.

1467. Liability of revoking party.

1468. Limitation of recovery against revoking party.

1469. Application of this article.

ART. 85-COSTS; ALLOWANCES AND AWARDING: LIABILITY FOR
§ 1470. Plaintiff's costs of course.

1471. Limitation of plaintiff's costs in actions for tort or fine or penalty. 1472. Limitation of plaintiff's costs in certain actions for sum of money

only.

1473. Limitation of plaintiff's costs in action to recover chattel.

1474. Limitation of plaintiff's costs by reason of bringing action in higher

court.

1475. Defendant's costs of course.

1476. Defendant's costs; when discretionary.

1477. When costs are discretionary.

1478. Costs where notice of no personal claim served.

1479. Costs, when several actions are brought instead of one.

1480. Costs upon severance of action.

1481. Costs in case of transfer of cause of action.

1482. Interlocutory costs upon issue of law.

1483. Costs, where plaintiff and defendant recover upon separate issues. 1484. Costs in new action after discontinuance in inferior court upon answer

of title.

1485. Costs upon new trial ordered by reason of failure to file decision on

time.

1486. Discretionary motion costs.

1487. Costs on application for judgment on pleading as frivolous.
1488. Costs where scandalous matter is stricken out on motion.

1489. The foregoing sections limited.

1490. Costs upon appeal from final judgment.

1491. Costs upon appeal from interlocutory judgment or order.

1492. Costs in a special proceeding in a court of record.

1493. Costs or fees where party prosecutes or defends as poor person. 1494. Costs against the state; how paid.

1495. Costs where action brought by people on relation of private person. 1496. Costs in action or proceeding brought by people for benefit of munici

pality.

1497. Costs in action against a school officer or supervisor.

1498. Costs in action against municipal corporation.

1499. Costs and disbursements in action against executor or administrator.
1500. Costs in action by or against executor, administrator, trustee or person
authorized by statute to sue or be sued.

1501. Action by surety or trustee to recover costs and expenses.
1502. Certificate entitling party to costs or increased costs.

1503, Effect of article on special statute.

ART. 86-COSTS; AMOUNT OF; ADDITIONAL ALLOWANCES; DISBURSE

MENTS

§ 1504. Amount of costs generally.

1505. Amount of costs upon a motion or reference.

1506. Amount of costs on motion for discovery or inspection.

1507. Amount of costs upon new trial or assessment of damages.

1508. Amount of costs upon appeals generally.

1509. Amount of costs upon motion for new trial upon case or for judgment

upon special verdict.

1510. Amount of costs upon appeal to court of appeals.

31

§ 1511. Amount of costs upon a settlement.

$8 1511-1567

1512. Additional allowances to plaintiff in real property and certain other

actions.

1513. Additional allowance to either party in difficult and certain other cases. 1514. Allowances limited to two thousand dollars.

1515. Amount of costs upon adjournment of trial.

1516. Increased damages not to carry increased costs.

1517. When defendant entitled to increased costs.

1518. Disbursements, which may be included in bill of costs.

1519. Increased disbursements not allowed.

1520. Collection of costs of motion.

1521. Article not to affect special provisions of law.

ART. 87-COSTS; SECURITY FOR

§ 1522. When defendant may require plaintiff to give security for costs.
1523. When court may require plaintiff to give security for costs.
1524. Order for security.

1525. Requisites of undertaking.

1526. Exception to and justification of sureties.

1527. Allowance of sureties.

1528. Additional security for costs.

1529. Dismissal of complaint on failure to obey order to give security.
1530. Liability of attorney for costs in certain actions.

1531. Security for costs in special proceedings,

ART. 88-COSTS; TAXATION

§ 1532. Taxation of costs; computation of additional allowances.

ART. 89-FEES

1533. Report, decision or direction for judgment to specify parties entitled to discretionary costs.

§ 1539. Fees of witnesses generally.

1540. Fees of witnesses on deposition.

1541. Party or attorney not entitled to witness' fee.

1542. Fees of trial jurors.

1543. Fees of juror in special proceeding.

1544. Fees of stenographers.

1545. Fees of referees generally.

1546. Fees of referees upon sales of real property.

1547. Commissions of receiver.

1548. Commissions of trustee.

1549. Fiduciaries may include costs of bond as necessary expense.

1550. Fees of surveyor or commissioner in action for partition or dower.

1551. Fees of printers.

1552. Fees of clerk of the court of appeals.

1553. Fees of clerks of courts of record generally.

1554. Fees of county clerks generally.

1555. Fees of register and other clerks,

1556. Certain sections not applicable to counties comprising city of New
York.

1557. Fees of county clerks in counties comprising city of New York.

1558. Fees of sheriff.

1559. Collection of sheriff's fees on execution.

1560. Fees of coroner.

1561. Fees of county treasurer and of chamberlain of city of New York.
1562. Fees of officer for oath or acknowledgement.

1563. Fees of officer for certification or exemplification.

1564. Fees and expenses of officer to be paid before transmission of paper.

1565. Taxation of officer's fees.

1566. Effect of article on special statute.

1567. Application of article to criminal action or proceeding.

ART. 90-SAVING CLAUSES; REPEAL; WHEN TO TAKE EFFECT

§ 1568. Act to apply to actions and proceedings hereafter commenced. 1569. Pending actions and proceedings.

1570. Pending proceedings begun by state writ.

1571. Writs heretofore abolished.

1572. Application of certain provisions to various courts.

1573. Existing rights preserved.

1574. Posting or publication under special statutes.

1575. Special statutes applicable to actions against the city of New York. 1576. Term and tenure of office.

1577. Repeal of code of civil procedure.

1578. When act takes effect.

33

§§ 1-5

§ 1. Short title and application. This act shall be known as the civil practice act, and, except as otherwise expressly provided, shall apply to the civil practice in all the courts of record of the state.

Source See CCP 3344, omitted as covered-peachments, court of appeals, appellate divisions, Revisers' Official Note. See L 1876, c 449, § 1. Scope-Provisions excluded: Court of Claims Act, $8 14-33; New York City Court Act, $$ 39-45, 57-67, 79-80; Surrogate Court Act, $8 48-87, 105117, 172-194, 275-287, 316.

Civil Courts of Record-Court for trial of im

supreme court, court of claims, county courts, surrogate courts, city court of the city of New York, city court of Yonkers, municipal court of the city of New York, and such other local courts as are now constituted courts of record (Judiciary Law, § 2; Municipal Court Code, § 1).

§ 2. Act to be liberally construed. This act shall be liberally construed.

Source-New-Revisers' Note. CCP 8 518 broadened to cover every CPA section.

§ 3. Rule of strict construction not applicable. The rule of the common law that a statute in derogation of the common law is strictly construed does not apply to this act.

Source CCP 3345 unchanged-Revisers' Note. See CP 8 467.

Sections construed-CPA § 1208; person includes corporation (PvBleeckerRCo 140 AD 611, 125 NYS 1045).

The word

a

§ 4. "Action" defined. Actions are of two kinds, civil and criminal. "action," when applied to judicial proceedings, signifies an ordinary prosecution in a court of justice by a party against another party for the enforcement or protection of right, the redress or prevention of a wrong or the punishment of a public offence. Source CCP 88 3333, 3335, substance unchanged | NYS 754). *Order in corporation dissolution -Revisers' Note. See CP 88 2, 4. action to pay creditor's claim (PvAm Loan 150 Star (*) Means "not an action." NY 117). *Submission of controversy (Lang 8 Actions Civil action begun by summons (Tarpey Supr 701). *Writ of error (Overseers 1 Barb 98 Mis 302, 163 NYS 267. Criminal action (Pv 11). Elliott 172 NY 146; PvHelmer 154 NY 596). Other terms compared-Synonymous with case Estimate by board of assessors of damage from (Beecher 5 Barb 169), cause (Keeffe 177 NY bridge construction (PxWatt 160 AD 578, 145305), suit (PvColborne 20 How 378).

§ 5. "Special proceeding" defined. Every other prosecution by a party for either of the purposes specified in the last section is a special proceeding.

Source CCP 3334 unchanged-Revisers' Note. | 330, 122 NYS 190), lien, to enforce (Flower 167
See CP § 3.

Star (*) signifies "not a special proceeding."

Constable's services, enforce

NYS 778). Bank receiver, to repay misappropriated funds (PvCityBank 96 NY 32). *Censure of Special proceeding-Accounting decree, vacate county supervisors, vacate presentment (Jones satisfaction of (Regan 167 NY 338). Accounting 181 NY 389). City magistrate, removal (Droege by guardian of infant, compel (Spelman 74 NY 197 NY 44). Condemnation by railroad (Rensse 448, afg 8 Hun 205). Accounts of drainage com- laer 55 NY 145). missioners, audit (Ryers 72 NY 1, afg 10 Hun 93). claim for (Perry 89 NYS 347). Contempt disAdministrator's intermediate compulsory account- obeying injunction (PXNegus 90 NY 402), *judg Ing (Tilden 37 AD 28, 55 NYS 735). Apprentice, ment of foreclosure (PxDay 9 Hun 202), order complaint against master (Killoran 26 Hun 648), to give testimony for use in another state (Strong Assignee's intermediate accounting (Talmage 160 177 NY 400); order to pay alimony (Brinkley 47 NY 512). Attorney's admission to practice (Coop. NY 40), supplementary proceeding order (PxWoolf er's 22 NY 67). Attorney's disbarment (Mathot 5 Hun 428), surrogate decree to pay costs (Dissos222 NY 9; Attorney 83 NY 164; Spencer 137 AD way 91 NY 235). Corporation, voluntary dissolu