2024 New York Laws
CVP - Civil Practice Law and Rules
Article 30 - Remedies and Pleading
3020 - Verification.

§  3020.  Verification.  (a) Generally. A verification is a statement,
subscribed and affirmed to be true under the  penalties  of  perjury  in
accordance  with  rule  twenty-one hundred six of this chapter, 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 such
deponent 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.