Fitzgerald v. Willes

The Real Property Actions and Proceedings Law expressly permits a summary proceeding to be instituted by the legal representative or the attorney for the landlord, among others (Real Property Actions and Proceedings Law, § 721, subd 8). The petition under review was made by counsel as "attorney” for landlord and it was verified by him, under CPLR 2106, by affirmation in lieu of an oath before a notary.

The purpose of CPLR 2106 is to simplify the attorney’s practice and save him time and the inconvenience of appearing before a notary public. In this context, the provision of CPLR 2106 which…