N.Y. CPLR § 3020

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3020 Verification § 3020. Verification. (a) Generally. A verification is a statement,subscribed and affirmed to be true under the penalties of perjury inaccordance with rule twenty-one hundred six of this chapter, that thepleading is true to the knowledge of the deponent, except as to mattersalleged on information and belief, and that as to those matters suchdeponent believes it to be true. Unless otherwise specified by law,where a pleading is verified, each subsequent pleading shall also beverified, except the answer of an infant and except as to matter in thepleading concerning which the party would be privileged from testifyingas a witness. Where the complaint is not verified, a counterclaim,cross-claim or third-party claim in the answer may be separatelyverified in the same manner and with the same effect as if it were aseparate pleading.(b) When answer must be verified. An answer shall be verified:1. when the complaint charges the defendant with having confessed orsuffered a judgment, executed a conveyance, assignment or otherinstrument, or transferred or delivered money or personal property withintent to hinder, delay or defraud his creditors, or with being a partyor privy to such a transaction by another person with like intenttowards the creditors of that person, or with any fraud whateveraffecting a right or the property of another; or2. in an action against a corporation to recover damages for thenon-payment of a promissory note or other evidence of debt for theabsolute payment of money upon demand or at a particular time.(c) Defense not involving the merits. A defense which does not involvethe merits of the action shall be verified.(d) By whom verification made. The verification of a pleading shall bemade by the affidavit of the party, or, if two s. A defense which does not involvethe merits of the action shall be verified.(d) By whom verification made. The verification of a pleading shall bemade by the affidavit of the party, or, if two or more parties united ininterest are pleading together, by at least one of them who isacquainted with the facts, except:1. if the party is a domestic corporation, the verification shall bemade by an officer thereof and shall be deemed a verification by theparty;2. if the party is the state, a governmental subdivision, board,commission, or agency, or a public officer in behalf of any of them, theverification may be made by any person acquainted with the facts; and3. if the party is a foreign corporation, or is not in the countywhere the attorney has his office, or if there are two or more partiesunited in interest and pleading together and none of them acquaintedwith the facts is within that county, or if the action or defense isfounded upon a written instrument for the payment of money only which isin the possession of an agent or the attorney, or if all the materialallegations of the pleading are within the personal knowledge of anagent or the attorney, the verification may be made by such agent orattorney.