§ 104.Construction.
Article 1. Short Title; Applicability and Definitions · Last amended 1963 · Last verified July 21, 2026
Full Text of CPLR 104
Plain-English Summary
CPLR 104 sets the interpretive lens for the entire code: courts must construe the CPLR liberally, with an eye toward resolving every civil case justly, quickly, and cheaply. It borrows that three-part goal directly from Rule 1 of the Federal Rules of Civil Procedure, language that had already proven its worth by guiding federal courts toward practical readings of procedural rules instead of rigid, technical ones.
The section also quietly drops an older doctrine. Procedural codes that replaced the common law used to carry a rule of “strict construction” — courts were told to read any statute that changed common-law practice narrowly, only as far as its text plainly required. New York's drafters concluded that instruction fought against the liberal-construction principle instead of complementing it, so CPLR 104 keeps only the broader command and drops the narrower one.
In practice, this section gives judges room to look past a technical misstep — the wrong caption, a missing formality, an ambiguous filing — and resolve disputes on their merits. It works alongside CPLR 103(c), which lets a court correct the wrong form of proceeding instead of dismissing it, and CPLR 105(d), which defines the “civil judicial proceeding” to which this liberal-construction command applies.
Frequently Asked Questions
What does “liberal construction” mean under CPLR 104?
It means courts read the CPLR's provisions to serve the goal of a just, speedy, and inexpensive resolution of the case, rather than applying a narrow or technical reading that defeats that purpose.
Where does the “just, speedy, and inexpensive” language in CPLR 104 come from?
It's drawn from Rule 1 of the Federal Rules of Civil Procedure, which uses nearly identical language to describe the goal of federal procedural rules.
Can CPLR 104 excuse a procedural mistake in my case?
It can support a court's decision to look past a technical defect and resolve a case on its merits, though it works alongside more specific provisions like CPLR 103(c), which addresses filing a case in the wrong form directly.
Does CPLR 104 apply to special proceedings as well as actions?
Yes. The section applies to every “civil judicial proceeding,” a term defined in CPLR 105(d) to include both actions and special proceedings.
Did New York's liberal-construction rule replace an older, stricter one?
Yes. It replaces a doctrine of strict construction that once applied to statutes changing the common law, a rule the drafters found unnecessary once the liberal-construction standard was in place.
Advisory Committee Notes
This section is based upon § 2 of the CPA. The phrase “civil judicial proceeding” is defined in subdivision (d) of § 105. Incorporated in this section is the provision of rule 1 of the Federal rules, which provides that the rules “shall be construed to secure the just, speedy, and inexpensive determination of every action.” It has been a helpful beacon in the Federal courts and in the states which have adopted the Federal rules.
CPA § 3, making the rule of strict construction of statutes in derogation of the common law inapplicable, is omitted as unnecessary. In the Field Code (§ 467) and the Throop Code (§ 3345) this latter provision was the only general guide to construction. The authors of the CPA retained it in § 3, but also added the general rule of liberal construction contained in § 2. It is difficult to see the necessity for both provisions; this section retains only the broader one.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.