Sandymark Realty Corp. v. Creswell
| Decision Date | 07 September 1971 |
| Citation | 324 N.Y.S.2d 504,67 Misc.2d 630 |
| Parties | SANDYMARK REALTY CORP., Landlord, v. Jane CRESWELL, Tenant. |
| Court | New York City Court |
Borah, Altschuler & Borah, New York City, for petitioner.
No appearance for respondent.
The landlord, ex parte, moves for a final judgment of possession in this non-payment summary proceeding, the tenant having failed to appear. The motion is denied for failure of the petitioner to verify the petition (Real Property Actions and Proceedings Law § 741).
The petitioner describes himself as the attorney for the fee owner (Real Property Actions and Proceedings Law § 721, sub. 8) and his 'signature' is affixed by a rubber stamp (General Construction Law Sec. 46). In lieu of a verification sworn to before a notary public, the petition purports to be verified by the attorney's affirmation made 'under the penalties of perjury' (CPLR 2106). The difficulty with the 'affirmation' is that this signature too is affixed by a rubber stamp. .
The purpose of the verification has not changed since it was introduced in this state; and its intent was 'to bring back to legal allegations * * * at least some regard to truth,' and to serve 'as a means of preventing goundless suits and defenses' (First Report of Commissioners on Practise and Pleadings, 1848, pp. 153 and 145 respectively; Weinstein-Korn-Miller, New York Civil Practice, Par. 3020.01). The objective was to be obtained, in part, by the sanctions of the perjury statutes (Penal Law §§ 210.00, 210.05, 210.10).
There is no way for a court or adversary to determine from the case of this instrument, whether the person whose 'signature' is stamped thereon, is in fact 'subject to the penalties of perjury.' If he appeared before a notary who subscribed his name to the petitioner's verification stamped or otherwise, there would be, prima facie, proof that the affiant had sworn.
CPLR 2106, however, which accepts an attorney's affirmation as the equivalent of an oath sworn before a notary, was only enacted as a convenience to attorneys (Weinstein-Korn-Miller, Par. 2106.01), the court taking judicial notice of their signatures. But the court cannot take such notice of a 'signature' which...
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Fitzgerald v. Washington
...to CPLR 2106 (See, e.g. Canada Leasing Corp. v. Prather, N.Y.L.J., January 31, 1972, p. 18, col. 4; see also, Sandymark Realty Corp. v. Creswell, 67 Misc.2d 630, 324 N.Y.S.2d 504), there appear to be no reported decisions on this issue since that section was amended in As amended the statut......
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Thomas v. Eugene
...the verification requirement is to provide some assurance of the bona fides of a party's claim ( Sandymark Realty Corp. v. Creswell, 67 Misc.2d 630, 631–632, 324 N.Y.S.2d 504 [Civ. Ct., New York County 1971] ). This assurance is already provided here, at least to some extent, by the verific......
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Di's, Inc. v. McKinney
... ... Cooch's Bridge Civic Ass'n. v. Pencader Corp., Del.Supr., 254 A.2d 608 (1969). The record before us does not meet this ... 479, 492, 559 N.E.2d 819, 832 (1990); Sandymark Realty Corp. v. Creswell, N.Y.Civ.Ct., 67 Misc.2d 630, 324 N.Y.S.2d 504, ... ...
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People v. Coldiron
...that the formal requirements be complied with by disallowing the use of a rubber stamp for a signature (Sandy Mark Realty Corp. v. Creswell, 67 Misc.2d 630, 324 N.Y.S.2d 504); and in not allowing 'the mere typing' of the attorney's name to suffice the dictates of the statute (Macri v. St. A......
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Table of Cases
...Sands v. News America Publishing Inc. , 161 AD2d 30, 560 NYS2d 416 (1st Dept 1990), §§24:81, 25:284 Sandymark Realty Corp. v. Creswell, 67 Misc2d 630, 324 NYS2d 504 (NY Cty 1971), §15:50 Santagata v. Vinegar Hill Group, LLC , 41 AD3d 576, 837 NYS2d 342 (2d Dept 2007), §37:633 Santana v. Cit......
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Table of Cases
...Sands v. News America Publishing Inc. , 161 AD2d 30, 560 NYS2d 416 (1st Dept 1990), §§24:81, 25:284 Sandymark Realty Corp. v. Creswell, 67 Misc2d 630, 324 NYS2d 504 (NY Cty 1971), §15:50 Santagata v. Vinegar Hill Group, LLC , 41 AD3d 576, 837 NYS2d 342 (2d Dept 2007), §37:633 Santana v. Cit......
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Pleadings
...discourage false or frivolous claims and defenses used to harass or oppress the opposing party. [See Sandymark Realty Corp. v. Creswell , 67 Misc2d 630, 631, 324 NYS2d 504, 506 (Civ Ct NY Co 1971).] When an attorney verifies a pleading in place of the party, the attorney is required to “sta......
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Pleadings
...discourage false or frivolous claims and defenses used to harass or oppress the opposing party. [See Sandymark Realty Corp. v. Creswell , 67 Misc2d 630, 631, 324 NYS2d 504, 506 (Civ Ct NY Co 1971).] When an attorney verifies a pleading in place of the party, the attorney is required to “sta......