Effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, “with the same force and effect.” This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.

This piece is the first in a two-part treatment of the amendment. Given the many questions generated by the change to CPLR 2106, the discussion is broken down to address several discrete issues.

The Amendment to CPLR 2106