CPLR §
2309 Oaths and affirmations
(b)
Form: An oath or affirmation shall be administered in a form
calculated to awaken the conscience and impress the mind of the person
taking it in accordance with his religious or ethical beliefs.
Furtow v Jenstro Enters., Inc., 2010 NY Slip Op 05987 (App. Div., 2nd, 2010)
Contrary to the Supreme Court's determination, the affidavit submitted
by the defendant Allen Yam Ching was in admissible form and should have
been considered by the court in opposition to the plaintiff's motion for
summary judgment. "There is no specific form of oath required in this
State, other than that it be calculated to awaken the conscience and
impress the mind of the person taking it in accordance with his or her
religious or ethical beliefs" (Feinman v Mennan Oil Co., 248 AD2d
503, 504; see CPLR 2309[b]). "In addition, a notary, in the
absence of a showing to the contrary, is presumed to have acted within
his or her jurisdiction and to have carried out the duties required by
law" (Feinman v Mennan Oil Co., 248 AD2d at 504; see Collins v
AA Truck Renting Corp., 209 AD2d 363). Here, Ching submitted an
affidavit which recited that he was "duly sworn" and contained a jurat
stating that the affidavit was "sworn to before" a notary public, who
signed and stamped the document. On the record presented here, the form
of the affidavit was adequate (see Sirico v F.G.G. Prods., Inc., 71 AD3d 429;
Sparaco v Sparaco, 309 AD2d 1029, 1030; Feinman v Mennan Oil
Co., 248 AD2d at 504; Collins v AA Truck Renting Corp., 209
AD2d at 363).
This is the bare minimum. The bold is mine.
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