On April 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2024 NY Slip Op. 50504(U), holding that an affidavit sworn to in China was invalid without a certificate of conformity, explaining:
Here, plaintiff submits with this motion an affidavit dated August 17, 2023, purporting to verify his complaint. The affidavit was notarized in China, but plaintiff has failed to submit a certificate of conformity in compliance with CPLR 2309(c). As plaintiff has submitted no other affidavits, affirmations or proof sufficient to support default judgment, the motion must be denied.
Nonetheless, the absence of a certificate of conformity is a mere irregularity, and not a fatal defect, and as long as the oath is duly given, authentication of the oathgiver’s authority can be secured later, and given nunc pro tunc effect if necessary. Because the defect is curable, the denial is without prejudice to renewal upon submission with proper papers.
(Internal quotations and citations omitted).