Justice Robert McDonald

Defendants sought to dismiss a board of managers complaint seeking judgment to foreclose a lien against defendants’ condominium for unpaid assessments. Defendants argued the complaint failed to state a valid cause of action as the purported notice of lien was invalid as it was not duly verified as required by Real Property Law §399-aa. The court noted that while the verification did not contain the precise language “sworn to before me” that defendants’ alleged was required, there was no specific form of oath required in the state. The court found the lien stated that board president Bagley was duly sworn as he knew the contents to be true from personal knowledge and also contained the notary’s statement that Bagley personally appeared, proved his identity and acknowledged he executed the verification. The court stated the notary, in the absence of a showing to the contrary, was presumed to have acted within his jurisdiction and carried out the duties required by law. Also, as defendants failed to point to any inaccuracies in the lien and Lien Law §23 stated “substantial compliance” would be sufficient for the validity of a lien, the court found the notice of lien was properly verified and valid. Thus, defendants’ motion was denied.