N.Y. Civil Practice Law & Rules § 3022: Remedy for defective verification

Rule 3022. Remedy for defective verification. A defectively verified

pleading shall be treated as an unverified pleading. Where a pleading

is served without a sufficient verification in a case where the adverse

party is entitled to a verified pleading, he may treat it as a nullity,

provided he gives notice with due diligence to the attorney of the

adverse party that he elects so to do.