You should draft your own affidavit or affirmation in opposition to the motion. 1 . An affirmation is a statement which is made under penalty of perjury. An affidavit is sworn to before a licensed notary public of the state.
A) Unless otherwise permitted by the court: (i) affidavits, affirmations, briefs and memoranda of law shall be limited to 7,000 words each; (ii) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the ...
The affirmation of service identifies: • What is served • On whom • On what date –and– • By what means For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY).
Pursuant to CPLR § 3018(b), a defendant must plead all affirmative defenses in their responsive pleadings, which if not pled would likely cause the other party surprise or would raise issues of fact not appearing on the face of the complaint. The defendant also bears the burden of proving an affirmative defense.
An affirmation is a solemn and formal declaration or asseveration in the nature of an oath that a statement, or series of statements, is true. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by any person having conscientious scruples against taking an oath.
This amendment, which went into effect on January 1, 2024, allows for an affirmation by any person, wherever made, subscribed, and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.