Governor Hochul has signed S.8195, which many practitioners will recognize as the expansion of use of Affirmations in lieu of Affidavits in all civil matters. This does not solely impact summary-judgment motions. According to the legislation, this Act amended the Civil Practice Law and Rules 2106 to allow for Affirmations to be used instead of an
Affidavit but with “the same force and effect as an affidavit, a Certificate, a Response to a
Notice to Admit, an Answer to Interrogatories, a Verification of a Pleading, a Bill of
Particulars and any other sworn statement.”
The use of Affirmations will most definitely make legal practice easier, reducing the hurdles that must be cleared when using Affidavits.
Gerber Ciano Kelly Brady always keeps our clients posted on new legislation and how it will affect them. Please contact Brendan Fitzpatrick and David Johnson.
