New York Consolidated Laws, Civil Practice Law and Rules - CVP  Rule 322. Authority for appearance of attorney in real property action

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) Authority of plaintiff's attorney.  Where the defendant in an action affecting real property has not been served with evidence of the authority of the plaintiff's attorney to begin the action, he may move at any time before answering for an order directing the production of such evidence.  Any writing by the plaintiff or his agent requesting the attorney to begin the action or ratifying his conduct of the action on behalf of the plaintiff is prima facie evidence of the attorney's authority.

(b) Authority of non-resident defendant's attorney.  The attorney for a non-resident defendant in an action affecting real property shall file with the clerk written authority for his appearance, executed and acknowledged in the form required to entitle a deed to be recorded, and shall serve either a copy of such authority or notice of such filing on the plaintiff's attorney within twenty days after appearing or making a motion.

(c) Agencies or wholly-owned corporations of the United States.  This rule does not apply to an attorney representing an official, agency or instrumentality of, or corporation wholly owned by, the United States.

Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP  Rule 322. Authority for appearance of attorney in real property action - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-322/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard