Procedure and Affirmations
Decisions on the rules of practice that can decide a case, such as the required form of an affirmation under CPLR 2106.
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An Affirmation Without CPLR 2106’s Perjury Language Is Not Evidence in Admissible Form (Interasian v Park, 1st Dept 2026)
Every affirmation must explicitly state that it is made “under the penalties of perjury under the laws of New York, which may include a fine or imprisonment” as CPLR 2106 requires. Here, the First Department reversed a $9.2 million judgment, in part because all of the plaintiff’s evidence came in through an attorney affirmation that failed to substantially conform to that language.
Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.
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