On January 13, 2022, Justice Chan of the New York County Commercial Division issued a decision in Finkelstein v. Bank of N.Y. Mellon, 2022 NY Slip Op. 30186(U), holding that a complaint may be verified by counsel when counsel has personal knowledge of investigations into the relevant claims, explaining:
Defendant’s argument that plaintiff’s counsel’s affirmation of merit and verification of plaintiff’s complaint are insufficient to demonstrate the merits of plaintiff’s case because they are not verified by plaintiff himself is unavailing because plaintiff’s counsel has personal knowledge of investigations into the relevant claims. Furthermore, the question of trustee liability involves complex legal principles that may lie outside the knowledge of plaintiff.
(Internal citations omitted) (emphasis added).
NB: Lundin PLLC are counsel to Plaintiff in this action.