AN ANSWER OR A COMPLAINT VERIFIED BY AN ATTORNEY DOES NOT PROVE THE CONTENTS (SECOND DEPT).
The Second Department, reversing (modifying) Supreme Court, noted that an answer verified by an attorney (as opposed to the defendant) and a complaint verified by an attorney (as opposed to the plaintiff) do not prove the contents:
… [A]n answer verified by an attorney is insufficient to demonstrate that the defendant has a potentially meritorious defense … . …
… [A]lthough a verified complaint “may be used as the affidavit of the facts constituting the claim,” the complaint “must contain evidentiary facts from one with personal knowledge since a pleading verified by an attorney pursuant to CPLR 3020(d)(3) is insufficient to establish its merits” … . Since the complaint in this case was verified only by the plaintiff’s attorney, and not by the plaintiff, the plaintiff could not rely on its contents to supply proof of the facts constituting the claim. Pemberton v Montoya, 2023 NY Slip Op 02674, Second Dept 5-17-23
Practice Point: Answers and complaints verified by the attorney and not by the party do not prove the contents.
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