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Rejection of Answer Based Upon a Defective Verification Was Ineffective Because the Rejection Was Not Accompanied by an Adequate Description of the Defect—Supreme Court Properly Ignored Defect Because there Was No Prejudice to Plaintiffs

The Second Department affirmed the denial of plaintiffs’ motion to enter a judgment on the ground defendant failed to appear in the action. The plaintiffs had rejected defendant’s answer because the verification was defective. The Second Department noted (1) the rejection of the answer was not effective because the rejection was not accompanied by an explanation of the nature of the alleged defect and (2), because plaintiffs suffered no prejudice, Supreme Court properly ignored the defect:

“Pursuant to CPLR 3022, when a pleading is required to be verified, the recipient of an unverified or defectively verified pleading may treat it as a nullity provided that the recipient with due diligence returns the [pleading] with notification of the reason(s) for deeming the verification defective” … . Here, at the outset, the plaintiffs’ rejection of the defendant’s answer was ineffective, as it failed to specify the reasons or objections with sufficient specificity … . Moreover, as the Supreme Court properly found, the plaintiffs suffered no prejudice. Accordingly, the complained-of defect was properly “ignored” by the Supreme Court … . Gaffey v Shah, 2015 NY Slip Op 06779, 2nd Dept 9-16-15

 

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