No Fault Defender – A Defense Attorney's Perspective on New York No-Fault Law
By: Jason Tenenbaum
Archive for the ‘Affidavits’ Category
The minimum that an affidavit must contain
Furtow v Jenstro Enters., Inc., 2010 NY Slip Op 05987 (2d Dept. 2010)
“Here, Ching submitted an affidavit which recited that he was “duly sworn” and contained a jurat stating that the affidavit was “sworn to before” a notary public, who signed and stamped the document. On the record presented here, the form of the affidavit was adequate (see Sirico v F.G.G. Prods., Inc., 71 AD3d 429; Sparaco v Sparaco, 309 AD2d 1029, 1030; Feinman v Mennan Oil Co., 248 AD2d at 504; Collins v AA Truck Renting Corp., 209 AD2d at 363).”
The affidavit at a minimum must say this: John Doe, DULY SWORN….
Sworn to before
notary public
[notary stamp]
