Legal Opinion

Beglin v. People's Trust Co.

New York County Court, Kings County

Decided November 15, 1905PublishedCited by 1 opinion

Application for inquest on the ground that defendant, having served an unverified answer, has failed to serve and file an affidavit of merits.

1Opinion of the CourtCrane, J.

Application is made in this case for inquest on the ground that the defendant, having served an unverified answer, has failed to serve and file an affidavit of merits.

The complaint is unverified. Section 523 of the Code of Civil Procedure provides that, where a pleading is verified, each subsequent pleading must also be verified; which implies that, where a pleading is unverified, each subsequent pleading may be unverified. In this case, therefore, as the complaint is without verification, the unverified answer is sufficient as a pleading and could not be returned or treated as a nullity.…

2Cases cited3 opinions

  1. Phonoharp Co. v. StobbeCity of New York Municipal Court · 1897
  2. Main v. NewsonNew York Supreme Court · 1808
  3. Smith v. AylesworthNew York Supreme Court · 1862

3Cited by1 opinion

  1. Crimmins v. PolhemusCity of New York Municipal Court · 1947

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