Key Takeaway
New Millennium: an insufficient psychologist affidavit, limits of form-defect waiver, and the current fifteen-day rule under CPLR 2101(f).
This article is part of our ongoing affidavits coverage, with 196 published articles analyzing affidavits issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Last reviewed: September 2026.
Historical note: This ruling concerns the affidavit submitted under the earlier procedure; current CPLR 2106 permits a subscribed perjury affirmation for covered statements without eliminating every oath or acknowledgment requirement.
The psychologist’s submission in New Millennium Psychological Services v Unitrin, 32 Misc 3d 69 (2011) had a notary’s stamp and signature, but no caption or attestation that the psychologist was sworn or appeared before the notary. The court treated those omissions as more than defects in form.
What the appeal decided
The provider offered the document in opposition to the insurer’s summary judgment motion. It did not raise a triable issue, and the Appellate Term affirmed the judgment dismissing the specified claim. The opinion addresses the requirements of CPLR 2309(b); it does not decide that silence automatically cures every oath defect.
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The current form-objection deadline is fifteen days
CPLR 2101(f) now provides a fifteen-day period after receipt to return a paper with particular objections to its form. It also directs that nonprejudicial form defects be disregarded and correction freely allowed. That provision does not turn every missing oath into a caption error.
The two-day reference in Jason’s original comment below is not the current deadline. For today’s covered statements, current CPLR 2106 also provides an affirmation alternative, so notarization is not the only available method.
Jason’s original comment
Jason’s original comment follows. Do not use its two-day statement as the current deadline: CPLR 2101(f) says fifteen days. The opinion also does not establish automatic waiver of every oath defect.
Well, the caption defect has to be rejected within two (2) days of receipt of the document. The no attestation defect has to be objected to in the answering or reply papers, where appropriate. Failure to properly object leads to the waiver of the objection.
Frequently Asked Questions
What makes an affidavit valid in New York?
For an affidavit, review the administered oath and its attestation. New Millennium’s stamp and signature did not cure the missing oath and appearance attestation. Current CPLR 2106 separately permits a subscribed perjury affirmation for covered statements.
What happens if an affidavit is defective?
The type of defect matters. Current CPLR 2101(f) addresses form defects and a fifteen-day return-with-particular-objections rule. New Millennium treated the combined omissions as more than mere form; its result is not a universal rule that all defects are incurable.
Can you waive an objection to a defective affidavit?
An objection to form can be waived under CPLR 2101(f). Do not assume silence supplies a missing oath or proves the facts asserted. The published New Millennium opinion does not decide that every attestation defect is automatically waived.
Connect to the Encyclopedia
Start with the CPLR 2106 affirmations and affidavits hub for the current procedure and its historical cases.
- Eagle Surgical: chiropractor peer reviews under the former rule
- Clarke: conformity and notarial attestation are separate defects
- Quality Psychological: former signer restrictions and two failed motions
- McMullin: medical proof offered in an improper surreply
For review of a particular document or motion record, contact the firm. This note is general information, not an assessment of a pending case.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Common Questions About This Topic
3 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
What makes an affidavit valid in New York?
For an affidavit, review the administered oath and its attestation. New Millennium's stamp and signature did not cure the missing oath and appearance attestation. Current CPLR 2106 separately permits a subscribed perjury affirmation for covered statements.
What happens if an affidavit is defective?
The type of defect matters. Current CPLR 2101(f) addresses form defects and a fifteen-day return-with-particular-objections rule. New Millennium treated the combined omissions as more than mere form; its result is not a universal rule that all defects are incurable.
Can you waive an objection to a defective affidavit?
An objection to form can be waived under CPLR 2101(f). Do not assume silence supplies a missing oath or proves the facts asserted. The published New Millennium opinion does not decide that every attestation defect is automatically waived.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a affidavits matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
