CPLR § 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/3022

In plain English

A defectively verified pleading is treated as unverified. If a party entitled to a verified pleading gets an insufficiently verified one, they may treat it as a nullity — but must give notice with due diligence to the adverse attorney of that election. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.