N.Y. Civil Practice Law & Rules Section 322
Authority for appearance of attorney in real property action


Rule 322. Authority for appearance of attorney in real property action.

(a)

Authority of plaintiff’s attorney. Where the defendant in an action affecting real property has not been served with evidence of the authority of the plaintiff’s attorney to begin the action, he may move at any time before answering for an order directing the production of such evidence. Any writing by the plaintiff or his agent requesting the attorney to begin the action or ratifying his conduct of the action on behalf of the plaintiff is prima facie evidence of the attorney’s authority.

(b)

Authority of non-resident defendant’s attorney. The attorney for a non-resident defendant in an action affecting real property shall file with the clerk written authority for his appearance, executed and acknowledged in the form required to entitle a deed to be recorded, and shall serve either a copy of such authority or notice of such filing on the plaintiff’s attorney within twenty days after appearing or making a motion.

(c)

Agencies or wholly-owned corporations of the United States. This rule does not apply to an attorney representing an official, agency or instrumentality of, or corporation wholly owned by, the United States.

Source: Section 322 — Authority for appearance of attorney in real property action, https://www.­nysenate.­gov/legislation/laws/CVP/322 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

301
Jurisdiction over persons, property or status
302
Personal jurisdiction by acts of non-domiciliaries
303
Designation of attorney as agent for service
304
Method of commencing action or special proceeding
305
Summons
306
Proof of service
306‑A
Index number in an action or proceeding commenced in supreme or county court
306‑B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
306‑C
Notice of commencement of action for personal injuries by recipient of medical assistance
306‑D
Additional mailing of notice in an action arising out of a consumer credit transaction
307
Personal service upon the state
308
Personal service upon a natural person
309
Personal service upon an infant, incompetent or conservatee
310
Personal service upon a partnership
310‑A
Personal service upon a limited partnership
311
Personal service upon a corporation or governmental subdivision
311‑A
Personal service on limited liability companies
312
Personal service upon a court, board or commission
312‑A
Personal service by mail
313
Service without the state giving personal jurisdiction
314
Service without the state not giving personal jurisdiction in certain actions
315
Service by publication authorized
316
Service by publication
317
Defense by person to whom summons not personally delivered
318
Designation of agent for service
320
Defendant’s appearance
321
Attorneys
322
Authority for appearance of attorney in real property action
325
Grounds for removal
326
Procedure on removal
327
Inconvenient forum
328
Assistance to tribunals and litigants outside the state

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 322’s source at nysenate​.gov

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