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 Mar. 9, 2025).

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
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Accessed:
Mar. 9, 2025

Last modified:
Sep. 22, 2014

§ 322’s source at nysenate​.gov

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