This is Part II of a discussion of the blockbuster amendment to CPLR 2106, entitled “Affirmation of truth of statement,” which became effective on Jan. 1, 2024. The statute now allows any person to submit an affirmation in lieu of an affidavit, “with the same force and effect.”
In Part I, published to the New York Law Journal on Feb. 28, 2024, we discussed several issues including the effective date of the provision, the changes to the prior language in the statute, the legislature’s intent in amending the statute, federal court declarations, the continued use of affidavits and situations in which an affirmation can be used in lieu of an affidavit.
