Incidental Claim

The incidental claim includes: the ancillary claim, the counterclaim, and intervention in the proceedings. Article 66 of the Civil Procedure Law provides: (( It is permissible to introduce a new claim during the hearing of the case; if it is brought by the claimant, it shall be considered an ancillary claim, and if it is brought by the defendant, it shall be considered a counterclaim . )) Grounds for the Incidental Claim The claimant has the right to submit supplementary claims to his action or claims arising therefrom. He may add to his pleadings a request for judgment awarding wages, accrued or newly arising interest, enforcement, delivery, or costs. It also encompasses interim applications such as a request for temporary maintenance, the appointment of a receiver on an urgent basis until the matter is determined, or the imposition of a precautionary attachment. Any other claim that is inseparably connected to the principal claim shall be treated as an ancillary matter. Conditions of an Incidental Action Firstly : An incidental action must be linked to the principal proceedings by reference to both cause and subject matter. Secondly : The parties to the incidental action must be identical to those in the principal proceedings. Thirdly : There must be unity of the object in dispute. Fourth : The incidental action must arise directly out of the principal proceedings. Fifth : The incidental action must serve to supplement and complement the principal proceedings.