2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3020 - Verification.


NY CPLR § 3020 (2012) What's This?
 
    §  3020.  Verification.  (a)  Generally. A verification is a statement
  under oath that the pleading is true to the knowledge of  the  deponent,
  except  as  to matters alleged on information and belief, and that as to
  those matters he believes it to be true. Unless otherwise  specified  by
  law,  where  a pleading is verified, each subsequent pleading shall also
  be verified, except the answer of an infant and except as to  matter  in
  the  pleading  concerning  which  the  party  would  be  privileged from
  testifying as a witness.    Where  the  complaint  is  not  verified,  a
  counterclaim,  cross-claim  or  third-party  claim  in the answer may be
  separately verified in the same manner and with the same effect as if it
  were a separate pleading.
    (b) When answer must be verified. An answer shall be verified:
    1. when the complaint charges the defendant with having  confessed  or
  suffered   a  judgment,  executed  a  conveyance,  assignment  or  other
  instrument, or transferred or delivered money or personal property  with
  intent  to hinder, delay or defraud his creditors, or with being a party
  or privy to such a  transaction  by  another  person  with  like  intent
  towards  the  creditors  of  that  person,  or  with  any fraud whatever
  affecting a right or the property of another; or
    2. in an action against a  corporation  to  recover  damages  for  the
  non-payment  of  a  promissory  note  or  other evidence of debt for the
  absolute payment of money upon demand or at a particular time.
    (c) Defense not involving the merits. A defense which does not involve
  the merits of the action shall be verified.
    (d) By whom verification made. The verification of a pleading shall be
  made by the affidavit of the party, or, if two or more parties united in
  interest are  pleading  together,  by  at  least  one  of  them  who  is
  acquainted with the facts, except:
    1.  if  the party is a domestic corporation, the verification shall be
  made by an officer thereof and shall be deemed  a  verification  by  the
  party;
    2.  if  the  party  is  the  state, a governmental subdivision, board,
  commission, or agency, or a public officer in behalf of any of them, the
  verification may be made by any person acquainted with the facts; and
    3. if the party is a foreign corporation, or  is  not  in  the  county
  where  the  attorney has his office, or if there are two or more parties
  united in interest and pleading together and  none  of  them  acquainted
  with  the  facts  is  within that county, or if the action or defense is
  founded upon a written instrument for the payment of money only which is
  in the possession of an agent or the attorney, or if  all  the  material
  allegations  of  the  pleading  are  within the personal knowledge of an
  agent or the attorney, the verification may be made  by  such  agent  or
  attorney.

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