(a) Libel or Slander. In an action for libel or slander, the particular words complained of shall be set forth in the complaint, but their application to the plaintiff may be stated generally.
R 3016.Particularity in specific actions.
Article 30. Remedies and Pleading · Last amended 2022 · Last verified July 21, 2026
In one sentenceLayers extra particularity requirements onto specific kinds of claims — the exact words in a defamation suit, the detailed circumstances of fraud, and, for consumer-debt claims, an itemized accounting of the debt and its full chain of assignment.
Full Text of CPLR 3016
(b) Fraud or Mistake. Where a cause of action or defense is based upon misrepresentation, fraud, mistake, wilful default, breach of trust or undue influence, the circumstances constituting the wrong shall be stated in detail.
(c) Separation or Divorce. In an action for separation or divorce, the nature and circumstances of a party’s alleged misconduct, if any, and the time and place of each act complained of, if any, shall be specified in the complaint or counterclaim as the case may be.
(d) Judgment. In an action on a judgment, the complaint shall state the extent to which any judgment recovered by the plaintiff against the defendant, or against a person jointly liable with the defendant, on the same cause of action has been satisfied.
(e) Law of Foreign Country. Where a cause of action or defense is based upon the law of a foreign country or its political subdivision, the substance of the foreign law relied upon shall be stated.
(f) Sale and Delivery of Goods or Performing of Labor or Services. In an action involving the sale and delivery of goods, or the performing of labor or services, or the furnishing of materials, the plaintiff may set forth and number in his verified complaint the items of his claim and the reasonable value or agreed price of each. Thereupon the defendant by his verified answer shall indicate specifically those items he disputes and whether in respect of delivery or performance, reasonable value or agreed price.
(g) Personal Injury. In an action designated in subsection (a) of section five thousand one hundred four of the insurance law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, the complaint shall state that the plaintiff has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the insurance law, or economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the insurance law.
(h) Gross Negligence or Intentional Infliction of Harm by Certain Directors, Officers or Trustees of Certain Corporations, Associations, Organizations or Trusts. In an action or proceeding based upon the conduct of a director, officer or trustee described in section seven hundred twenty-a of the not-for-profit corporation law or subdivision six of section 20.09 of the arts and cultural affairs law, the complaint shall be verified and shall state whether or not said complaint is based upon gross negligence or intentional infliction of harm.
(i) Privacy of name in certain legal challenges to college/university disciplinary findings. In any proceeding brought against a college or university that is chartered by the regents or incorporated by special act of the legislature, which proceeding seeks to vacate or modify a finding that a student was responsible for a violation of college or university rules regarding a violation covered by article one hundred twenty-nine-B of the education law, the name and identifying biographical information of any student shall be presumptively confidential and shall not be included in the pleadings and other papers from such proceeding absent a waiver or cause shown as determined by the court. Such witnesses shall be identified only as numbered witnesses. If such a name or identifying biographical information appears in a pleading or paper filed in such a proceeding, the court, absent such a waiver or cause shown, shall direct the clerk of the court to redact such name and identifying biographical information and so advise the parties.
(j) Consumer credit transactions. In an action arising out of a consumer credit transaction where a purchaser, borrower or debtor is a defendant, the contract or other written instrument on which the action is based shall be attached to the complaint, however, for the purposes of this section, if the account was a revolving credit account, the charge-off statement may be attached to the complaint instead of the contract or other written instrument, and the following information shall be set forth in the complaint:
(1) The name of the original creditor;
(2) The last four digits of the account number printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer;
(3) The date and amount of the last payment or, if no payment was made, a statement that the purchaser, borrower or debtor made no payment on the account;
(4) If the complaint contains a cause of action based on an account stated, the date on or about which the final statement of account was provided to the defendant;
(5)
(A) Except as provided in subparagraph (B) of this paragraph, an itemization of the amount sought, by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney’s fees; (vi) interest; and (vii) any other fees and charges.
(B) If the account was a revolving credit account, an itemization of the amount sought, by: (i) the total amount of the debt due as of charge-off; (ii) the total amount of interest accrued since charge-off; (iii) the total amount of non-interest charges or fees accrued since charge-off; and (iv) the total amount of payments and/or credits made on the debt since charge-off;
(6) The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer;
(7)
(A) Whether the plaintiff is the original creditor.
(B) If the plaintiff is not the original creditor, the complaint shall also state (i) the date on which the debt was sold or assigned to the plaintiff; (ii) the name of each previous owner of the account from the original creditor to the plaintiff and the date on which the debt was assigned to that owner by the original creditor or subsequent owner; and (iii) the amount due at the time of the sale or assignment of the debt by the original creditor; and
(8) Any matters required to be stated with particularity pursuant to rule 3015 of this article.
Plain-English Summary
CPLR 3016 picks out a set of claims where the general notice-pleading standard of CPLR 3013 isn't enough, either because history has shown these claims invite abuse or because fair notice to the defendant demands more detail up front. Each subdivision targets a different subject.
A libel or slander complaint must set out the actual words complained of, not a paraphrase, though it can describe how those words applied to the plaintiff in general terms. A claim or defense built on fraud, mistake, willful default, breach of trust, or undue influence must state the circumstances of the wrong in detail — the source of New York's well-known heightened pleading rule for fraud, requiring more than a bare accusation that the defendant lied. A separation or divorce complaint or counterclaim must specify the nature and circumstances of any alleged misconduct along with the time and place of each act. An action on a judgment must state how much of a prior judgment on the same claim has already been satisfied, and a claim or defense resting on foreign law must state the substance of that law.
A handful of subdivisions address particular case types: a plaintiff suing over the sale of goods or the performance of labor or services can itemize the claim in a verified complaint, with the defendant's verified answer required to dispute specific items rather than deny the claim wholesale; a personal-injury complaint arising from a motor-vehicle accident must plead a “serious injury” or qualifying economic loss under the No-Fault Law; a claim against certain nonprofit directors, officers, or trustees must state in a verified complaint whether it rests on gross negligence or intentional harm; and a proceeding challenging a college disciplinary finding must keep a student's name and identifying details confidential absent a waiver or a showing of cause.
The most detailed subdivision governs consumer credit transactions. A creditor or debt buyer suing a consumer must attach the underlying contract, or, for a revolving account, the charge-off statement, and must plead the original creditor's name, the last four digits of the account number, the date and amount of the last payment, an itemized breakdown of what's owed, the current balance, and — critically — whether the plaintiff is the original creditor. If not, the complaint must trace the full chain of ownership, with the date and amount of each sale or assignment along the way. That subdivision closes with a reminder that anything else CPLR 3015 requires still applies, making the two sections work together in consumer-debt litigation.
Frequently Asked Questions
How specifically must I plead fraud in New York?
CPLR 3016(b) requires the circumstances constituting the fraud, mistake, willful default, breach of trust, or undue influence to be stated in detail — a bare allegation that the defendant misrepresented something isn't enough.
Do I need to quote the exact words in a defamation complaint?
Yes. CPLR 3016(a) requires the particular words complained of to be set out in the complaint, though the complaint can describe how those words applied to the plaintiff in general terms.
What must a debt buyer's complaint say when suing over credit card debt?
Under CPLR 3016(j), it must attach the contract or charge-off statement and plead the original creditor's name, account details, an itemized accounting of the amount sought, and, if the plaintiff isn't the original creditor, the full chain of assignment with dates and amounts.
Do I have to plead a “serious injury” when suing over a car accident in New York?
Yes, in the actions CPLR 3016(g) covers — the complaint must state that the plaintiff sustained a serious injury as defined in the Insurance Law, or economic loss above the no-fault threshold.
What is CPLR 3016(j) and why does it matter in debt-collection lawsuits?
It's the subdivision requiring detailed disclosures in consumer-credit-transaction complaints, including the chain of ownership when the suing plaintiff isn't the original creditor — a requirement frequently used to challenge debt-buyer complaints that don't establish where the debt came from.
What must I allege if my claim relies on the law of another country?
CPLR 3016(e) requires the substance of the foreign law relied upon to be stated in the pleading, giving the opposing party notice that foreign law, not New York law, controls the claim or defense.
How specific do allegations of misconduct need to be in a New York divorce complaint?
CPLR 3016(c) requires the nature and circumstances of any alleged misconduct, along with the time and place of each act complained of, to be specified in the complaint or counterclaim.
Advisory Committee Notes
Subd (a) of this rule is based upon RCP 96.
Subd (b) of this section is based upon part of New Jersey rule 4:9-1, which is an expansion of part of Federal rule 9(b). It states a common law and code requirement of long standing.
Subd (c) of this section is former rule 280 with minor language changes.
Subd (d) of this section derives from CPA §§ 1186, 1201, substantially unchanged. Former § 640-a has been omitted because of the elimination of the five-year limitation of former §§ 650, 651 and 652. See notes to subd (b) of § 5229. The language of former § 642 which related to a date from which interest should be computed has also been omitted. Since all money judgments bear interest from the date they are entered (see § 5003; CPA § 481), requiring specification of the “date of the judgment” is sufficient.
Subd (e) of this section has been added to provide for notice to the opponent when foreign law is to be relied upon.
Subd (f) of this section preserves the provisions of CPA § 255-a, with minor changes in language.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1974, ch 575, § 1, eff Sept 1, 1974; L 1976, ch 87, § 1, eff April 29, 1976; L 1984, ch 805, § 9, eff Sept 1, 1984; L 1986, ch 220, § 13, eff June 28, 1986; L 1990, ch 904, § 25, eff July 30, 1990; L 1991, ch 656, § 3, eff July 26, 1991; L 2015, ch 76, § 2, effective October 5, 2015; L 2021, ch 593, § 7, effective May 7, 2022.
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: CPLR 3016(b) fraud pleadingpleading fraud with particularity New YorkCPLR 3016(j) consumer creditdebt buyer complaint requirements New Yorkdefamation complaint exact words New Yorkserious injury threshold complaint New Yorkparticularity in specific actions CPLR