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This entry was published on 2014-09-22
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SECTION 322
Authority for appearance of attorney in real property action
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
Rule 322. Authority for appearance of attorney in real property
action. (a) Authority of plaintiff's attorney. Where the defendant in
an action affecting real property has not been served with evidence of
the authority of the plaintiff's attorney to begin the action, he may
move at any time before answering for an order directing the production
of such evidence. Any writing by the plaintiff or his agent requesting
the attorney to begin the action or ratifying his conduct of the action
on behalf of the plaintiff is prima facie evidence of the attorney's
authority.

(b) Authority of non-resident defendant's attorney. The attorney for a
non-resident defendant in an action affecting real property shall file
with the clerk written authority for his appearance, executed and
acknowledged in the form required to entitle a deed to be recorded, and
shall serve either a copy of such authority or notice of such filing on
the plaintiff's attorney within twenty days after appearing or making a
motion.

(c) Agencies or wholly-owned corporations of the United States. This
rule does not apply to an attorney representing an official, agency or
instrumentality of, or corporation wholly owned by, the United States.