CPLR 3021 requires that when someone other than the party makes the verification, the text of the verification must set forth, among other things, “the reason why it is not made by the party” (Matter of Giambra v Commissioner of Motor Vehicles of State of N.Y., 46 NY2d 743, supra; Hirent Realty Corp. v Mosley, 64 Misc 2d 1011 [Civ Ct, NY County 1970]), and CPLR 3020 (d) (3) authorizes an attorney to make the verification when the party “is not in the county where the attorney has his office.”
Full Answer
Universal Citation: NY CPLR § 3020 (2012) § 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 …
CPLR 3021 requires that, when a person other than a party makes the verification, the [*3]verification must include, inter alia, "the reason why it is not made by the party," and CPLR 3020 (d) (3) authorizes a lawyer to make the verification when the party "is not in the county where the attorney has his [or her] office."
321. Attorneys. (a) Appearance in person or by attorney. A party, other than one specified in section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A of the New York city civil court act, sections 1809 and …
Jan 01, 2021 · 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
A verification is a statement under oath that certifies the truth of the allegations contained in the pleadings. The rules as to verification of pleadings are found in CPLR §§3020-3023. Once a pleading is verified, all pleadings thereafter must be verified.Mar 1, 2015
A complaint can be verified by the plaintiff or by counsel. CPLR § 3020 (d). However, when the pleading is verified by counsel pursuant to CPLR 3020 (d) (3), and not by someone with personal knowledge of the facts, the pleading is insufficient for evidentiary purposes.Oct 5, 2020
Within thirty days of service of a demand for a bill of particulars, the party on whom the demand is made shall serve a bill of particulars complying with each item of the demand, except any item to which the party objects, in which even the reasons for the objection shall be stated with reasonable particularity.
A bill of particulars of any pleading with respect to a cause of action for negligence shall be verified whether such pleading be verified or not. Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information.
A verification is a statement under oath that a pleading is true to the knowledge of the deponent (Civil Practice Law and Rules (CPLR) 3020(a)). When a party verifies a pleading, the party swears that the party: Has reviewed the pleading. Believes that the allegations of which the party has personal knowledge are true.
For more on the signature block, see Practice Note, Interrogatories in New York: Drafting and Serving Interrogatories: Signature Block. Verification. All responses must be answered under oath, which is generally demonstrated through a verification form (see The "Under Oath" Requirement).Mar 28, 2021
A bill of particulars is a document produced by a party at another party's request that enables the requesting party to obtain a more detailed picture of the claims or defenses confronting them (Practice Commentary C3041:2 to McKinney's CPLR 3041).
A Demand for a Bill of Particulars is a list of written questions from one party to another asking for details (particulars) about a claim or defense. Although a Bill of Particulars technically is not discovery, it can be used to get information about a claim or defense.Apr 1, 2013
CPLR 4545 operates to reduce a personal injury, wrongful death or property plaintiff's damages award by the amount the plaintiff receives from certain “collateral sources” such as medical and property insurance. The New York legislature enacted CPLR 4545 amidst the medical malpractice insurance crisis of the 1980's.Apr 1, 2009
Unlike interrogatories and deposition responses where contradictory evidence can be admitted by the plaintiff, the Bill of Particulars is conclusive as to the items and amounts claimed and no other evidence is admissible at trial.
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.Mar 12, 2021
When you serve a demand for particulars then the other party has seven days to provide you the particulars. If they don't provide you the particulars, you can bring a motion in the court and get a court order to compel the other side to provide you the particulars. You can also bring a motion to strike.Jul 11, 2020
A party, other than one specified in section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A of the New York city civil court act, sections 1809 and 1809-A ...
321. Attorneys. (a) Appearance in person or by attorney. A party, other than one specified in section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A of the New York city civil court act, sections 1809 and 1809-A of the uniform district court act and sections 1809 and 1809-A of the uniform city court act, and except as otherwise provided in section 501 and section 1809 of the uniform justice court act. If a party appears by attorney such party may not act in person in the action except by consent of the court.
(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.
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 .