There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff and a cross-claim against a defendant. A defendant’s pleading against another claimant is an interpleader complaint, or against any other person not already a party is a third-party complaint. There shall be a reply to a counterclaim denominated as such, an answer to an interpleader complaint or third-party complaint, and an answer to a cross-claim that contains a demand for an answer. If no demand is made, the cross-claim shall be deemed denied or avoided. There shall be no other pleading unless the court orders otherwise.
§ 3011.Kinds of pleadings.
Article 30. Remedies and Pleading · Last amended 1977 · Last verified July 21, 2026
In one sentenceCPLR 3011 lists every pleading New York's civil practice recognizes — the complaint, the answer with any counterclaim or cross-claim it carries, the interpleader complaint, the third-party complaint, and the replies or answers each one calls for — and bars any further pleading unless the court orders one.
Full Text of CPLR 3011
Plain-English Summary
Every New York lawsuit is built on a small, fixed set of pleadings, and CPLR 3011 spells out exactly what that set contains. There must be a complaint, stating the plaintiff's claim, and an answer, stating the defendant's response. Those two are the core of nearly every action.
An answer can carry more than a response to the complaint. It may include a counterclaim against the plaintiff or a cross-claim against a co-defendant, both folded into the same document rather than filed separately. A defendant can also reach outside the existing parties: a pleading against another claimant to the same stakes is an interpleader complaint, and a pleading against someone not already in the case — often brought to pass liability along or share it — is a third-party complaint.
Each of those triggers its own response. A counterclaim gets a reply. An interpleader complaint or third-party complaint gets an answer. A cross-claim gets an answer only if it contains a demand for one; if there's no demand, the cross-claim is deemed denied or avoided without anyone having to file anything further. Beyond this list, the statute closes the door: there is no other pleading unless the court orders otherwise, so the back-and-forth doesn't extend past what the rule allows without a judge's say-so.
Frequently Asked Questions
What are the different kinds of pleadings in a New York lawsuit?
CPLR 3011 recognizes the complaint, the answer, a counterclaim or cross-claim within the answer, an interpleader complaint, a third-party complaint, and the reply or answer each of those calls for.
Do I have to answer a cross-claim in New York?
Only if the cross-claim contains a demand for an answer. Without that demand, the cross-claim is deemed denied or avoided automatically.
What's the difference between a third-party complaint and an interpleader complaint?
A third-party complaint is a defendant's pleading against someone not already a party to the case, while an interpleader complaint is a defendant's pleading against another claimant to the same property or stakes.
Can I file more pleadings than the ones listed in CPLR 3011?
No, not without a court order. The statute says there shall be no other pleading unless the court orders otherwise.
Is a reply required if a defendant raises a counterclaim in New York?
Yes. CPLR 3011 requires a reply to a counterclaim that is denominated as such.
What happens if I don't respond to a cross-claim that demands an answer?
The cross-claim calls for an answer under CPLR 3011, so failing to respond to a properly demanded cross-claim exposes a party to the consequences of not answering a pleading that required a response.
Advisory Committee Notes
This section defines and limits pleadings. The first sentence is taken from Federal rule 7(a). The matter was formerly covered by CPA §§ 254 and 260. The specification in the latter section that an answer was the only pleading on the part of the defendant has been eliminated as misleading, especially with respect to third-party practice. Limitation on further pleadings is contained in the last sentence of this section.
The second sentence indicates that a counterclaim or cross-claim is included in an answer, as distinguished from a third-party complaint, which is treated in the third sentence as a separate pleading and may be served subsequent to the answer. This accords with former law. No change is intended from the former practice that a counterclaim might be made by one of several defendants against one of several plaintiffs and other persons. CPA § 266. This and other provisions regarding counterclaims are dealt with in greater detail in CPLR § 3019.
No answer to a cross-claim was formerly required in New York, although a cross-claim was similar to a third-party complaint, a counterclaim or, indeed, a complaint, with respect to the necessity of a responsive pleading. This section, requiring an answer to a cross-claim, is in accord with Federal rule 7(a) and most state practice. It would avoid such unfortunate results as the frustration of the summary judgment rule as between codefendants. See Smith v Benjamin, 147 NYS2d 524 (Sup Ct 1955), aff’d 2 AD2d 666, 153 NYS2d 545 (1st Dep’t 1956).
The fourth sentence of the section is also based upon Federal rule 7(a). Despite the fact that former CPA § 272 provided that the plaintiff “may” reply to a counterclaim, former law was in accord with this rule.
It should be noted that the pleadings responsive to a complaint, a cross-claim, an interpleader complaint and a third-party complaint are each called an “answer” in this section; all of the rules that apply to answers thus apply to each.
The limitation on pleadings in the last sentence contains an exception which would permit the court to direct a reply to new matter in an answer, as might have been done under former CPA § 274. It is intended to give courts the widest possible discretion in requiring further pleadings.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1977, ch 26, § 1, eff Sept 1, 1977.
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: kinds of pleadings New Yorkcomplaint and answer NY lawsuitcross-claim vs third-party complaint New Yorkreply to counterclaim CPLRtypes of pleadings CPLR article 30