A defectively verified pleading shall be treated as an unverified pleading. Where a pleading is served without a sufficient verification in a case where the adverse party is entitled to a verified pleading, he may treat it as a nullity, provided he gives notice with due diligence to the attorney of the adverse party that he elects so to do.
R 3022.Remedy for defective verification
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceTreats a pleading with a defective verification as though it were never verified at all, and lets the party entitled to a proper verification reject the pleading as a nullity, so long as it promptly notifies the opposing attorney of that choice.
Full Text of CPLR 3022
Plain-English Summary
A defective verification doesn't strike down the pleading it accompanies — CPLR 3022 treats the pleading as unverified instead. The underlying allegations and denials stand; they just don't carry the weight, or the perjury exposure, of a verified statement.
The adverse party who was entitled to a verified pleading in the first place has a separate option: treat the whole pleading as a nullity. That choice isn't automatic and isn't open-ended — the statute requires the adverse party to act with due diligence and to give notice to the other side's attorney that it's electing to treat the pleading as a nullity. A party who sits on a known verification defect risks losing the chance to reject the pleading on that ground.
Frequently Asked Questions
What happens if the other side's verification has a defect?
CPLR 3022 treats a defectively verified pleading as an unverified pleading rather than voiding it outright.
Can I ignore a pleading because its verification is invalid?
Yes, if you were entitled to a verified pleading — CPLR 3022 lets you treat it as a nullity, but only if you act with due diligence and give notice of that election to the adverse party's attorney.
Is there a time limit for rejecting a defectively verified pleading?
CPLR 3022 requires the notice electing to treat the pleading as a nullity to be given with due diligence, so waiting too long can forfeit that option.
Do I need to notify anyone if I'm treating a pleading as a nullity for bad verification?
Yes. CPLR 3022 requires notice to the attorney for the adverse party that the pleading is being treated as a nullity.
Does a defective verification void the entire pleading automatically?
No. Absent an election by the adverse party to treat it as a nullity, CPLR 3022 treats a defectively verified pleading as an unverified one.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: defective verification New Yorktreating a pleading as a nullity New Yorkremedy for bad verification affidavit