Matter of Grogan v. Bronk, 43 N.Y.2d 746 (1977)
When a client is not in the county where their attorney’s office is located, the attorney is authorized to verify the petition, but must comply with CPLR 3021 by stating the grounds for their belief as to all matters not stated upon their knowledge.
Summary
This case addresses the propriety of an attorney verifying a petition on behalf of clients who reside outside the county where the attorney’s office is located. The Court of Appeals held that while CPLR 3020(d)(3) authorizes such verification, the attorney must comply with CPLR 3021 by setting forth the grounds for their belief as to matters not stated upon their knowledge. Failure to do so constitutes a defect, but this defect can be waived if the opposing party does not provide timely notice of their intention to treat the pleading as a nullity. The Court ultimately affirmed the lower court’s decision because the petitioners had failed to exhaust their administrative remedies.
Facts
The petitioners’ operator’s licenses and motor vehicle registrations were revoked. They sought to challenge this decision via an Article 78 proceeding. The petition commencing the proceeding was verified by the petitioners’ attorney, not by the petitioners themselves. The attorney’s office was located in a different county than where the petitioners resided.
Procedural History
The Appellate Division considered the issue of attorney verification. The Court of Appeals reviewed the Appellate Division’s order and addressed the issue of verification, though it ultimately affirmed the order on other grounds (failure to utilize appropriate administrative review mechanisms).
Issue(s)
Whether an attorney can verify a petition on behalf of clients who are not in the county where the attorney’s office is located; and if so, what requirements must be met for such verification to be valid?
Holding
Yes, an attorney can verify a petition on behalf of clients who are not in the county where the attorney’s office is located because CPLR 3020(d)(3) explicitly authorizes such verification.
However, the attorney must also comply with CPLR 3021 because this statute mandates that the attorney