Giambra v. Commissioner of Motor Vehicles of the State of New York

46 N.Y.2d 743, 413 N.Y.S.2d 643, 386 N.E.2d 251 (1978)

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Giambra v. Commissioner of Motor Vehicles of the State of New York

New York Court of Appeals
46 N.Y.2d 743, 413 N.Y.S.2d 643, 386 N.E.2d 251 (1978)

Facts

Hilda Giambra (plaintiff) filed suit against the Commissioner of Motor Vehicles of the State of New York (commissioner) via a petition that was verified by Giambra’s attorney. Giambra did not reside in the same county in which the attorney maintained his office. The verification did not describe the attorney’s basis for his belief in any matters that were not stated upon the attorney’s knowledge (as required by Civil Practice Law and Rules (CPLR) § 3021), but the commissioner did not object or otherwise seek any remedy for this failure. The appellate division faulted the fact that Giambra had not verified his petition.

Rule of Law

Issue

Holding and Reasoning ()

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