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Powers & Duties of Notary

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?

A

The oath is treated as if taken within New York under CPLR §2309(c).

B

The oath is invalid unless it was administered by a New York notary physically present in that other state.

C

The oath is valid only if the county clerk in the county of venue authenticated it in advance.

D

The oath is valid only for a deed and never for litigation papers.

Official source: Notary Public License Law (March 2026)

Reference: Executive Law §135-c; CPLR §2309(c)

Source checked September 7, 2026

✓

Correct Answer

A. The oath is treated as if taken within New York under CPLR §2309(c).

Detailed 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.

Powers & Duties of Notary Question #346
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