An affidavit is sworn before an authorized officer in another state and will be used in New York litigation. It is accompanied by the same certificates that would be required for an out-of-state deed acknowledgment to be recorded in New York. Which statement is correct?

AI Explanation

CPLR §2309(c) borrows the deed-recording certificate model. It provides that an oath or affirmation taken without the state is treated as if taken within the state if accompanied by the certificate or certificates that would be required to entitle a deed acknowledged without the state to be recorded within the state. Unlike Executive Law §135-c, this is an out-of-state oath rule, not a remote-electronic-notarization rule.