Opn. No.

Robert J. Rossi, Esq. Assistant County Attorney County of Onondaga

You ask whether it is necessary for an attorney who executes a satisfaction piece also to acknowledge it.

Section 5020 of the Civil Practive Law and Rules, on which your question is based, is a revision of section 530 of the Civil Practice Act. Section 530 did require such acknowledgment. Mutual Life Insurance Company of NewYork v 960 Fifth Avenue Corporation, et al., 191 Misc. 71 (Sup Ct, N Y County, 1947). The case did make it clear, however, that "[e]xecution and acknowledgment are separate and distinct acts. Acknowledgment…