§ 3017.Demand for relief.
Article 30. Remedies and Pleading · Last amended 2003 · Last verified July 21, 2026
Full Text of CPLR 3017
Plain-English Summary
CPLR 3017 governs the closing piece of a pleading: the demand for relief. Under subdivision (a), every complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint must contain a demand for the relief the pleader believes is owed, and that demand can seek several different kinds of relief or relief in the alternative. The court isn't boxed in by what was demanded, either — outside the default-judgment context governed by CPLR 3215, a court may grant any relief within its jurisdiction that the proof supports, whether or not it was asked for, on terms it finds just. That flexibility reflects the same substance-over-form approach that runs through CPLR 3026's command to construe pleadings liberally.
Subdivision (b) governs declaratory judgment actions specifically. Because a declaratory judgment states rights rather than awarding damages, the demand has to specify the rights or legal relations the plaintiff wants declared, and say whether the plaintiff is or could be seeking further, consequential relief beyond the declaration itself.
Subdivision (c) sets New York's distinctive rule for personal-injury and wrongful-death cases: the pleading asks for relief in general terms but can't state a specific dollar amount. A case filed in supreme court must instead say whether the damages sought exceed the jurisdictional limits of the lower courts that could otherwise have heard it. A defendant isn't left in the dark forever — at any point, the defendant can request a supplemental demand stating the actual amount sought, which the plaintiff must serve within fifteen days (or that the court can order served on motion), and that supplemental demand is then treated the same as an ordinary demand under subdivision (a).
Frequently Asked Questions
Does my New York complaint have to state exactly how much money I'm seeking?
Not in a personal-injury or wrongful-death action. CPLR 3017(c) requires a general demand for relief without a stated dollar amount, though a defendant can later request a supplemental demand stating the actual figure.
Can a New York court award relief that wasn't specifically requested in the complaint?
Yes. Outside the default-judgment context, CPLR 3017(a) lets a court grant any type of relief within its jurisdiction that the proof supports, whether or not it was demanded, on just terms.
What must a declaratory judgment complaint ask the court to do?
Under CPLR 3017(b), the demand must specify the rights or legal relations the plaintiff wants declared and state whether further or consequential relief is or could be claimed.
Why can't a personal-injury complaint list a specific dollar amount in New York?
CPLR 3017(c) bars stating the amount of damages sought in the initial pleading for personal-injury or wrongful-death claims, requiring instead a general demand for relief.
How can a defendant find out how much a personal-injury plaintiff is seeking in total?
The defendant can request a supplemental demand under CPLR 3017(c), which the plaintiff must serve within fifteen days, stating the total damages the plaintiff believes are owed.
What does it mean that a supreme court complaint must state whether damages exceed the lower courts' jurisdictional limits?
CPLR 3017(c) requires a personal-injury or wrongful-death complaint filed in supreme court to state whether the damages sought exceed what a lower court with otherwise available jurisdiction could award.
Is there a deadline for responding to a supplemental damages demand?
Yes. CPLR 3017(c) requires the party bringing the action to serve the supplemental demand within fifteen days of the request, and the court may order compliance on motion if that deadline is missed.
Advisory Committee Notes
The first sentence of subd (a) of this section is a restatement of CPA § 255(3), broadened to include similar provisions in other former sections such as 193-a and 264 and with provision added to cover interpleader complaints. The remainder is intended to allow the widest discretion as to the type of relief and is partly based upon CPA § 111. It is not intended that the court be allowed to grant more monetary relief than demanded. Relief in case of default is treated in CPLR § 3215, and is excepted from this section.
Subd (b) of this section derives from RCP 211, substantially unchanged. RCP 210, stating that an action to obtain a declaratory judgment shall follow the normal practice provisions, has been omitted; since the new CPLR does not provide otherwise, this result is obvious and need not be stated. RCP 213, providing for submission of questions of fact to a jury, has been omitted for the same reason.
Amendment History
Add, L 1962, ch 308; amd, L 1976, ch 955, § 10, eff Aug 26, 1976; L 1980, ch 686, § 2, eff June 30, 1981; L 1989, ch 442, § 1, eff Aug 15, 1989; L 2003, ch 694, § 1, eff Nov 27, 2003.