Tenant's Unnotarized Affirmation Was Defective

July 23, 2019

LVT Number: #30263

Landlord sued tenant, who asked the court to dismiss the case without trial. The court ruled against tenant due to a defect in his court papers. Tenant appealed and lost. Although tenant could submit to the court an affirmation rather than an affidavit for religious reasons, the affirmation still had to be notarized. Since the tenant's affirmation wasn't notarized, the lower court had properly denied tenant's motion for summary judgment because, technically, the motion wasn't support by a valid statement of facts.

Landlord sued tenant, who asked the court to dismiss the case without trial. The court ruled against tenant due to a defect in his court papers. Tenant appealed and lost. Although tenant could submit to the court an affirmation rather than an affidavit for religious reasons, the affirmation still had to be notarized. Since the tenant's affirmation wasn't notarized, the lower court had properly denied tenant's motion for summary judgment because, technically, the motion wasn't support by a valid statement of facts.

Pollack v. Ovadia: 99 NYS3d 882, 2019 NY Slip Op 04491 (App. Div. 1 Dept.; 6/6/19; Friedman, JP, Tom, Kapnick, Kahn, JJ)

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