GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 322: Authority for appearance of attorney in real property action

Read at publisher ↗
Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 3. Jurisdiction and Service, Appearance and Choice of Court

Rule 322. Authority for appearance of attorney in real property

action. (a) Authority of plaintiff's attorney. Where the defendant in

an action affecting real property has not been served with evidence of

the authority of the plaintiff's attorney to begin the action, he may

move at any time before answering for an order directing the production

of such evidence. Any writing by the plaintiff or his agent requesting

the attorney to begin the action or ratifying his conduct of the action

on behalf of the plaintiff is prima facie evidence of the attorney's

authority.

(b) Authority of non-resident defendant's attorney. The attorney for a

non-resident defendant in an action affecting real property shall file

with the clerk written authority for his appearance, executed and

acknowledged in the form required to entitle a deed to be recorded, and

shall serve either a copy of such authority or notice of such filing on

the plaintiff's attorney within twenty days after appearing or making a

motion.

(c) Agencies or wholly-owned corporations of the United States. This

rule does not apply to an attorney representing an official, agency or

instrumentality of, or corporation wholly owned by, the United States.

Collected 2026-09-14T19:32:44Z. Source file · JSON

Browse this collection