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Objection to Verification of Answer Too Late 

The Second Department determined plaintiff waited too long before objecting to an insufficient verification in the answer:

A party must “give[ ] notice with due diligence” that he or she intends to treat a pleading as a nullity pursuant to CPLR 3022 on the ground that the pleading was served with an insufficient verification (CPLR 3022;…). Here, the plaintiff …waived any claim that the verification accompanying the answer of the defendant …was defective by waiting approximately eight months after the answer was filed to object to it (see CPLR 3022; …).   Cherubin Antiques, Inc v Matiash, 2013 NY Slip Op 03449, 2nd Dept, 5-15-13

 

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