1 LexisNexis AnswerGuide New York Civil Litigation § 1.12


Summary

  • [1] Determining Consequences of Verification of Initial Pleadings

    Generally, pleadings do not have to be verified. There are circumstances, however, where the initiating pleading must be verified, for example, a petition in an Article 78 proceeding must be verified (CPLR 7804) as must a complaint in a matrimonial action (DRL § 211).

    If the complaint is verified, each subsequent pleading must also be verified unless it is an infant’s answer or privileged matter. CPLR 3020(a).

    A verified pleading may be used as an affidavit. CPLR 105(u). This is of particular significance if a default judgment is sought, because the verified complaint can be used instead of an affidavit of the facts constituting the claim and the amount due. See CPLR 3215(f).

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    Generally, the complaint can be used as a basis for a default judgment only if it is verified by a party, as opposed to the party’s counsel.

    If the plaintiff defectively verifies a complaint that is not required to be verified, the defendant may ...