Tuesday, March 21, 2006

A Brief Foray into Siegel's New York Practice

I have a deep and abiding love of Siegel's invaluable treatise, New York Practice (including but not limited to the fact that I have TWO copies of the book, one for home and one for work, the home edition having been autographed by our very own, Lizardbreath), and now I must share with the world the section in the book that our dear friend wrote with either very little sleep, on too much caffeine, or just handed off to a legal intern:

"The requirement of verification is supposed to encourage honesty in pleading. A false verification is technically a perjury but district attorneys seldom become involved, excusing themselves on the ground of more pressing problems. Earlier in our legal history the requirement of swearing may have been underwritten by a genuine fear of hell, but hell has had little impact on New York practice. . . ."

"With a legislative imprimatur, but with almost all of its teeth gone, verification still smiles grotesquely from the pages of the CPLR. . . ."

“Another instance of required verification of the answer is that of a corporate defendant being sued on a promissory note, a requirement so trivial that it lacks the miniscule electric charge needed to adhere it to some portion of the brain.”

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