(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.
R 322.Authority for appearance of attorney in real property action.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 322 lets a defendant in a real-property action demand proof that plaintiff's attorney had authority to sue, and requires a nonresident defendant's attorney to file and serve deed-style proof of their own authority within twenty days of appearing.
Full Text of CPLR 322
(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.
Plain-English Summary
CPLR 322 addresses a narrow but recurring concern in actions affecting real property: whether the attorney who filed suit had authority to do so on the plaintiff's behalf. A defendant who hasn't already been given evidence of that authority can move, any time before answering, for an order directing the plaintiff's attorney to produce it. A writing from the plaintiff or an agent asking the attorney to sue, or ratifying the suit afterward, counts as prima facie proof of authority.
The section also runs the same concern in the other direction. An attorney representing a nonresident defendant in a real-property action must file written authority for the appearance, executed and acknowledged the way a deed is, with the clerk, and must serve a copy of that authority, or notice that it's been filed, on the plaintiff's attorney within twenty days of appearing or making a motion.
The rule doesn't reach every attorney representing a nonresident. It exempts an attorney representing a federal official, agency, instrumentality, or a corporation wholly owned by the United States.
Frequently Asked Questions
Can a defendant in a property case question whether the plaintiff's lawyer was authorized to sue?
Yes. CPLR 322 lets a defendant who hasn't already received proof of that authority move, before answering, for an order requiring the plaintiff's attorney to produce it.
What counts as proof the plaintiff's attorney had authority?
A writing from the plaintiff or the plaintiff's agent asking the attorney to bring the action, or ratifying the attorney's conduct of it, is prima facie evidence of authority.
Does a nonresident defendant's attorney also have to prove authority?
Yes. That attorney must file written authority in deed form and serve a copy, or notice of its filing, on the plaintiff's attorney within twenty days of appearing or moving.
Does CPLR 322 apply to attorneys representing the federal government?
No. It doesn't apply to an attorney representing a United States official, agency, instrumentality, or wholly owned corporation.
Does this rule apply outside real-property actions?
No, CPLR 322 is limited to actions affecting real property.
Amendment History
Add, L 1962, ch 308, § 1, 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: attorney authority to sue real property New Yorknonresident defendant attorney authority filing NYprove attorney authorized to sue New YorkNew York real property action attorney authority