Firstcom Broadcast Services v. New York Sound Inc.

OPINION OF THE COURT

Lucy Billings, J.

Plaintiff moves for a default judgment based on an affidavit *525executed in Texas, but not accompanied by a. certificate authenticating the authority of the person administering the oath, as required by CPLR 2309 (c). While the courts previously have denied such motions based on the failure to authenticate the authority of a notary public outside New York, this court, on defendants’ default, grants plaintiffs motion. (CPLR 3215.) "When the person administering the oath for an out-of-State affidavit is a notary, the affidavit does not require a certificate…