The Minimum That an Affidavit Must Contain in New York

Last reviewed: September 2026.

Historical note: Furtow concerns an administered oath; CPLR 2106 now permits a signed perjury affirmation for covered statements, as explained in the current affirmation guide.

The affidavit in Furtow v Jenstro Enterprises, Inc., 75 AD3d 494 (2d Dept 2010) should have been considered. Ching said he was duly sworn; the jurat recorded that he had sworn before a notary, who signed and stamped it. The Second Department accepted that form and reversed the plaintiff’s liability summary judgment. Ching’s account of the rear-end collision raised a factual issue.

What the opinion actually requires

Furtow did not announce an exclusive script. It relied on CPLR 2309(b), which addresses how an oath impresses its obligation on the person taking it, and the presumption that the notary performed the required duties. The affidavit’s form was sufficient on the record presented.

Check what the witness swore to and what the officer certified. The factual account must also support the motion; a sound jurat cannot supply missing evidence.

The affirmation alternative

Current CPLR 2106 allows any person to sign and affirm a covered statement under New York’s penalties of perjury. Its exceptions include depositions, office oaths and specified-person oaths, and it preserves matrimonial acknowledgment requirements. The rule provides another way to submit covered proof; it does not invalidate a properly sworn affidavit.

Jason’s original comment

Jason’s 2010 shorthand follows. Furtow accepted this form on its record; the court did not prescribe these words as the only valid oath. The current affirmation alternative is addressed above.

The affidavit at a minimum must say this: John Doe, DULY SWORN….

Sworn to before

notary public

Frequently Asked Questions

What is the minimum a New York affidavit must contain?

Furtow accepted an affidavit with a sworn recital and a jurat signed and stamped by the notary. It found that form adequate on the record, not that these exact words are the only permissible oath.

What is a jurat?

A jurat records the officer’s certification that the statement was sworn before the officer. In Furtow, the sworn recital and completed jurat supported acceptance of the affidavit’s form.

Do I still need a notarized affidavit in New York after 2024?

Current CPLR 2106 permits a signed New York perjury affirmation for covered statements. Depositions and specified oaths are excepted, matrimonial acknowledgment requirements remain, and properly sworn affidavits are still available.

Connect to the Encyclopedia

• CPLR 2106: current affirmation rules and historical affidavit cases
• Five Boro: a notary stamp without oath attestation
• Green: the separate conformity-certificate issue
• Donsimoni: a curable certificate omission
• Ramirez: electronic signatures on affirmed reports

For review of a particular motion, keep the signed reports, supporting records, objections and court orders together and contact the firm. This historical note is general information, not an assessment of an individual case.