By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same force and effect” as an affidavit in an action in New York.
This was a privilege previously reserved for New York attorneys, certain licensed professionals, and those physically located outside the United States. While the majority of the focus understandably has been on the impact of this legislation on litigants and other individuals who are no longer required to submit affidavits, the amendment also has the serious, but often overlooked, consequence of rendering the form of prior New York attorney affirmations ineffective and not properly sworn unless the affirmations contain the new, revised language required by the amendment.
Blog Editors
Recent Updates
- The Department of Justice’s COVID-19 Enforcement Task Force 2024 Report: A Continued Commitment to Combatting COVID-19-Related Fraud
- Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More
- DOJ Launches the Corporate Whistleblower Awards Pilot Program
- Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
- Authors Predict an Increase in the Use of State Court Receivership Proceedings