§ 3020 — Verification

New York § 3020

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 30: Remedies and Pleading

Text

§ 3020. Verification. (a) Generally. A verification is a statement,\nsubscribed and affirmed to be true under the penalties of perjury in\naccordance with rule twenty-one hundred six of this chapter, that the\npleading is true to the knowledge of the deponent, except as to matters\nalleged on information and belief, and that as to those matters such\ndeponent believes it to be true. Unless otherwise specified by law,\nwhere a pleading is verified, each subsequent pleading shall also be\nverified, except the answer of an infant and except as to matter in the\npleading concerning which the party would be privileged from testifying\nas a witness. Where the complaint is not verified, a counterclaim,\ncross-claim or third-party claim in the answer may be separately\nverified in the same manner and with the same effect as if it were a\nseparate pleading.\n (b) When answer must be verified. An answer shall be verified:\n 1. when the complaint charges the defendant with having confessed or\nsuffered a judgment, executed a conveyance, assignment or other\ninstrument, or transferred or delivered money or personal property with\nintent to hinder, delay or defraud his creditors, or with being a party\nor privy to such a transaction by another person with like intent\ntowards the creditors of that person, or with any fraud whatever\naffecting a right or the property of another; or\n 2. in an action against a corporation to recover damages for the\nnon-payment of a promissory note or other evidence of debt for the\nabsolute payment of money upon demand or at a particular time.\n (c) Defense not involving the merits. A defense which does not involve\nthe merits of the action shall be verified.\n (d) By whom verification made. The verification of a pleading shall be\nmade by the affidavit of the party, or, if two or more parties united in\ninterest are pleading together, by at least one of them who is\nacquainted with the facts, except:\n 1. if the party is a domestic corporation, the verification shall be\nmade by an officer thereof and shall be deemed a verification by the\nparty;\n 2. if the party is the state, a governmental subdivision, board,\ncommission, or agency, or a public officer in behalf of any of them, the\nverification may be made by any person acquainted with the facts; and\n 3. if the party is a foreign corporation, or is not in the county\nwhere the attorney has his office, or if there are two or more parties\nunited in interest and pleading together and none of them acquainted\nwith the facts is within that county, or if the action or defense is\nfounded upon a written instrument for the payment of money only which is\nin the possession of an agent or the attorney, or if all the material\nallegations of the pleading are within the personal knowledge of an\nagent or the attorney, the verification may be made by such agent or\nattorney.\n