In cases where the previous version of the attorney affirmation has not yet been filed, plaintiff's counsel in residential foreclosure actions involving one-to-four family homes and condominiums are now required to file the revised affirmation as follows:
Counsel remain under a continuing obligation to file an amended version of the affirmation if new facts emerge after the initial filing. In addition to the revised affirmation, counsel may also file a client affidavit, a sample of which can be found using the “Attorney Affirmation & Affidavit” link above.
A TRO may be obtained on a motion brought on by OSC preventing the chattel from being removed, sold, assigned, or otherwise encumbered or disposed of. CPLR § 7102 (d) (2).
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.
CPLR § 2106 provides that a declaration affirmed under penalty of perjury, when made by an attorney at law or by certain specified medical professionals, may be “served or filed” in a civil action “in lieu of and with the same force and effect as an affidavit.”
A movant requesting an order on an expedited basis must file a motion entitled “Urgent Motion” and must call to the attention of the clerk of the urgent filing on the day that it is filed.
Pursuant to CPLR 3126, a court may impose discovery sanctions, including the striking of a pleading or preclusion of evidence, where a party 'refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.
Parties also must verify the pleadings in certain proceedings, including:Matrimonial actions, except a response to a charge of adultery (N.Y. Dom. Rel. Law 211).Article 78 proceedings (CPLR 7804(d)).Surrogate's court proceedings (N.Y. Surr. Ct. Proc. Act 303).
If you wanted to have more time to review and reply to the other side's answering papers, you chose a court date that is further away. This is called a CPLR 2214(b) notice and it goes in the Notice of Motion and tells the other side when papers are due.
If the non moving party wants to request affirmative relief in their favor, they file a cross motion. The cross motion acts as both an affidavit in opposition to the motion in chief and in support of the cross motion. An affidavit in opposition is the opposition papers filed by the non moving party.
CPLR 5015(a) provides: The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: 1.
Motions to preclude evidence of lost wages damages where an employee voluntarily resigned from employment or failed to mitigate his or her damages; Motions to preclude treating physicians from testifying as to medical opinions or diagnoses unless they are properly certified as expert witnesses; and.
List of Pleadings Which Must Be Verified (Update #1)Civil complaints or initiatory pleadings asserting claims for relief (including permissive counter-claims). ( ... Statement of Claim for Small Claims Cases, as well as the Response thereto (See Secs. ... Complaint for injunction (See Sec.More items...•
Verification of pleadings basically means checking or proof reading the pleadings. It is done either by one or all the parties or anyone who knows the details of the case. Thus, Verification of pleadings includes verification of both plaint and written statement.
A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d).
(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.
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;
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:
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 ple ading concerning which the party would be privileged from testifying as a witness .
CPLR 3102 (e) governs the procedure for obtaining a deposition of a witness located in New York for use in an action pending in another jurisdiction. Chapter 29 of the Laws of 2010, effective on January 1, 2011, introduced CPLR 3119 which provides a simple mechanism by which a party to an action pending in another state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or U.S. territory or insular possession may obtain a deposition of a New York witness. CPLR 3102 (e) applies to depositions to be used in actions pending in other states and in foreign countries.
Depending on their nature, these are either referred to an Ex Parte Justice or entered into the court’s computer and assigned to a Justice unless brought on in a previously-assigned action, in which event the application will be submitted to the assigned Justice.
In the case of a lien on private property, the lien shall not be for longer than one year after the notice of lien has been filed unless within that time an action is commenced to foreclose the lien and a notice of pendency is filed or unless an extension of the lien is filed with the County Clerk of the county in which the notice of lien is filed within one year from the filing of the original notice continuing the lien and the lien shall be re-docketed. If an action to foreclose is not commenced within the extended period, the lien shall be extinguished unless a court order is issued continuing the lien. A lien cannot be continued by court order for more than one year from the granting thereof, but a new order may be made in each of two successive years. Lien Law 17. An application for an order extending the lien may be sought ex parte. The matter should be captioned as “In the Matter of the Application of Lienor for the Continuation of a Mechanic’s Lien Claimed by and On Behalf of X, Lienor v. Y, Owner, and Z, Contractor.” The applicant shall submit an affidavit reciting the facts and attaching a copy of the lien in question.
After payment of amounts due under a mortgage, the mortgagee of New York real property shall execute and acknowledge a satisfaction of mortgage and present same for recording. Failure to do so shall render the mortgagee liable for certain charges. RPAPL 1921 (1). In the event of a failure or refusal of the mortgagee to comply, any person having an interest in the mortgage or the debt or obligation secured thereby or in the premises may apply to the Supreme Court in the county where the premises are located by verified petition seeking an order to show cause why an order should not be made canceling and discharging the mortgage of record. The grounds for the application must be set forth in the petition. RPAPL 1921 (2).
An order of attachment: 1) secures identified property against removal or dissipation to provide security for an eventual money judgment; or 2) provides a jurisdictional basis over the case premised upon the presence of property in New York.
A plaintiff may move ex parte for leave to serve a defendant in such manner as the court directs. This relief may be obtained only if service under subdivisions 1, 2 and 4 of CPLR § 308 is impracticable. Courts have broad discretion in ordering methods of service under CPLR § 308 (5) provided that they are reasonably calculated to provide notice.
Upon the default of a defendant, the plaintiff may seek a default money judgment or an inquest ex parte under some circumstances. The plaintiff may apply directly to the County Clerk for judgment if the sum is certain or can by calculation be made certain (CPLR § 3215 (a)).
In his New York Practice column, Thomas F. Gleason discusses a recent amendment to CPLR 2106, which previously allowed unsworn affirmations instead of affidavits only by certain professionals, but now allows New York courts to consider unsworn affirmations by any person physically outside ...
A recent amendment to CPLR 2106 will broaden—slightly—the use of unsworn affirmations instead of affidavits in New York practice. CPLR 2106 previously allowed unsworn affirmations only by attorneys, physicians, osteopaths or dentists, but now the amendment to CPLR 2106 allows 1 New York courts to consider unsworn affirmations by any person ...
The cited rule is Section 202.7 of Part 202 of the Uniform Civil Rules for the Supreme Court and the County Court , which provides, in pertinent part: Calendaring of motions; uniform notice of motion form; affirmation of good faith.
The defendant had made a motion to strike the case from the trial calendar (due, in part, to its claim that plaintiff still owed it discovery) and to change the venue to another (less plaintiff-friendly) county.
In addition … no motion shall be filed with the court unless there have been served and filed with the motion papers … with respect to a motion relating to disclosure or to a bill of particulars, an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.