In the Real Property Law context, proof refers to the formal declaration made by a subscribing witness concerning execution of an instrument. The booklet describes it as the witness’s declaration of residence, knowledge of the person described in and who executed the instrument, and the fact that the witness saw that person execute it. This corresponds to Real Property Law §304 and related sections.
Proof is different from an acknowledgment. In an acknowledgment, the signer personally appears and declares execution. In a proof, the subscribing witness supplies the formal evidence of execution. That is why proof belongs to a narrower and more formal lane than ordinary notarial use suggests.
Why it matters: New York’s acknowledgment-and-proof structure is distinctive. The word “proof” here does not mean proof in the everyday sense of any evidence; it is a term of art tied to subscribing-witness practice.
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