§ 10004.Effect of unconstitutionality in part.
Article 100. Repeal; Saving Clauses; Effective Date · Last amended 1963 · Last verified July 21, 2026
Full Text of CPLR 10004
Plain-English Summary
CPLR 10004 addresses what happens when part of the CPLR is challenged and loses. If any clause, sentence, paragraph, subdivision, section, rule, or part of 'this chapter' is adjudged invalid by a court of competent jurisdiction, that judgment does not affect, impair, or invalidate the remainder of the CPLR. Instead, the judgment is confined in its operation to the specific clause, sentence, paragraph, subdivision, section, rule, or part directly involved in the controversy that produced it.
This is a severability clause, a common feature of large statutes. Its purpose is to prevent one invalid provision from dragging down an entire code, and to remove any need for a court to guess whether the legislature would have wanted the rest of the law to survive a partial defeat. CPLR 10004 answers that question in advance: any invalidity ruling stays narrowly confined to the exact text that was litigated and decided.
The section does not immunize the CPLR from every future challenge. It only limits the scope of any single invalidity ruling to the provision the court decided; a different provision remains open to its own separate challenge, to be judged on its own terms.
Frequently Asked Questions
What is a severability clause?
A severability clause states that if part of a law is struck down as invalid, the rest of the law remains in force rather than falling along with it.
If a court strikes down one CPLR provision, does that affect the rest of the CPLR?
No. CPLR 10004 confines the judgment to the clause, sentence, paragraph, subdivision, section, or rule directly involved in that controversy, leaving the remainder unaffected.
Does CPLR 10004 protect the CPLR from ever being invalidated?
No, it only limits the scope of an invalidity ruling to the specific provision at issue in a given case; other provisions remain open to their own separate challenges.
What has to happen before CPLR 10004 comes into play?
A court of competent jurisdiction has to adjudge a particular clause, sentence, paragraph, subdivision, section, or rule of the CPLR invalid in an actual controversy.
Why do statutes like the CPLR include a clause like this one?
To keep a single invalid provision from bringing down an entire code, and to make clear in advance that the rest of the law survives a partial constitutional or legal defeat.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.