N.Y. Civil Practice Law & Rules § 3020: Verification

§ 3020. Verification. (a) Generally. A verification is a statement,

subscribed and affirmed to be true under the penalties of perjury in

accordance with rule twenty-one hundred six of this chapter, 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 such

deponent 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.

(b) When answer must be verified. An answer shall be verified:

1. when the complaint charges the defendant with having confessed or

suffered a judgment, executed a conveyance, assignment or other

instrument, or transferred or delivered money or personal property with

intent to hinder, delay or defraud his creditors, or with being a party

or privy to such a transaction by another person with like intent

towards the creditors of that person, or with any fraud whatever

affecting a right or the property of another; or

2. in an action against a corporation to recover damages for the

non-payment of a promissory note or other evidence of debt for the

absolute payment of money upon demand or at a particular time.

(c) Defense not involving the merits. 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:

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

3. if the party is a foreign corporation, or is not in the county

where the attorney has his office, or if there are two or more parties

united in interest and pleading together and none of them acquainted

with the facts is within that county, or if the action or defense is

founded upon a written instrument for the payment of money only which is

in the possession of an agent or the attorney, or if all the material

allegations of the pleading are within the personal knowledge of an

agent or the attorney, the verification may be made by such agent or

attorney.