§ 405. Correction of defects in papers.

249 words·~1 min read·/ny/civil-practice-law-rules/special-proceedings/405·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Motion to correct. Either

party may move to cure a defect or omission in the record, or to strike

scandalous or prejudicial matter unnecessarily inserted in a pleading,

or for a more definite statement of a pleading which is so vague or

ambiguous that he cannot reasonably be required to frame a response.

(b)Time limits; pleading after disposition. A party shall make a

motion under this section by serving a notice of motion or order to show

cause within the time allowed for his responsive pleading. Unless the

court so orders on motion made without notice on the ground that the

party is unable to plead until the papers are corrected, the motion

shall not extend the time for such responsive pleading. If the motion is

granted, the party who made the motion shall serve and file his

responsive pleading within five days after service of the amended

pleading. If the motion is denied and the time to serve a responsive

pleading has been extended, the party shall serve and file his

responsive pleading within two days after service of the order denying

the motion with notice of entry, unless the order specifies otherwise. A

party may re-notice the matter for hearing upon two days' notice.

(c)Petitioner's motion. The petitioner may raise the objections

specified in subdivision

(a)in his reply or by motion on the day on

which the petition has been noticed or re-noticed to be heard.