Where an action is brought by the attorney-general on the relation or information of a person having an interest in the question, the complaint shall allege, and the title of the action shall show, that the action is so brought. As a condition of bringing an action for the benefit of a person having an interest in the question, the attorney-general shall require the relator to give an undertaking to indemnify the state against costs and expenses.
§ 1302.Action brought on relation of a person
Article 13. Actions by the State · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1302 governs actions the attorney general brings on behalf of someone with a personal stake in the outcome, requiring the complaint to disclose that relationship and the relator to post security against the state's costs and expenses.
Full Text of CPLR 1302
Plain-English Summary
Some lawsuits brought in the state's name serve the interest of one particular person with a stake in the outcome, what section 1302 calls an action brought on the relation or information of that person. When the attorney general brings such an action, the complaint has to allege it, and the case's title has to show it too.
Before the attorney general will bring the action, the person benefiting from it has to post an undertaking, security that protects the state against its own costs and expenses if the case doesn't go as planned.
Frequently Asked Questions
What is an action brought on the relation of a person in New York?
It's an action the attorney general brings on behalf of someone with a personal interest in the outcome, disclosed in the complaint and the case title.
Will the attorney general sue on my behalf if I have an interest in a matter?
The attorney general can, under CPLR 1302, but will require you to post an undertaking to indemnify the state against costs and expenses first.
What is the undertaking required under CPLR 1302?
Security posted by the person benefiting from the action, protecting the state against costs and expenses if the case doesn't succeed.
Does the complaint have to disclose that a lawsuit is a relator action?
Yes. Both the complaint and the title of the action have to show that it's brought on the relation of a particular person.
Who bears the cost risk in a relator lawsuit like this?
The person on whose relation the action is brought bears it, since they must indemnify the state through the undertaking required under CPLR 1302.
Advisory Committee Notes
The first sentence of this section is the same as CPA § 1203. The second sentence is derived from CPA § 155 with no change in substance. New CPLR article 25, covering undertakings, prescribes how an undertaking shall be given.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1963, ch 532, § 11, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: action on the relation of a person New Yorkattorney general lawsuit on my behalf New Yorkrelator undertaking indemnify the stateNew York attorney general relator actionCPLR 1302 undertaking