N.Y. CVP Law § 3012-B

§ 3012-b. Certificate of merit in certain residential foreclosure\nactions. (a) In any residential foreclosure action involving a home\nloan, as such term is defined in section thirteen hundred four of the\nreal property actions and proceedings law, in which the defendant is a\nresident of the property which is subject to foreclosure, the complaint\nshall be accompanied by a certificate, signed by the attorney for the\nplaintiff, certifying that the attorney has reviewed the facts of the\ncase and that, based on consultation with representatives of the\nplaintiff identified in the certificate and the attorney's review of\npertinent documents, including the mortgage, security agreement and note\nor bond underlying the mortgage executed by defendant and all\ninstruments of assignment, if any, and any other instrument of\nindebtedness including any modification, extension, and consolidation,\nto the best of such attorney's knowledge, information and belief there\nis a reasonable basis for the commencement of such action and that the\nplaintiff is currently the creditor entitled to enforce rights under\nsuch documents. If not attached to the summons and complaint in the\naction, a copy of the mortgage, security agreement and note or bond\nunderlying the mortgage executed by defendant and all instruments of\nassignment, if any, and any other instrument of indebtedness including\nany modification, extension, and consolidation shall be attached to the\ncertificate.\n (b) Where a certificate is required pursuant to this section, a single\ncertificate shall be filed for each action even if more than one\ndefendant has been named in the complaint or is subsequently named.\n (c) Where the documents required under subdivision (a) are not\nattached to the summons and complaint or to the certificate, the\nattorney for the plaintiff shall attach to the certificate supplemental\naffidavits by such attorney or representative of plaintiff attesting\nthat such documents are lost whether by destruction, theft or otherwise.\nNothing herein shall replace or abrogate plaintiff's obligations as set\nforth in the New York uniform commercial code.\n (d) The provisions of subdivision (d) of rule 3015 of this article\nshall not be applicable to a defendant who is not represented by an\nattorney.\n (e) If a plaintiff willfully fails to provide copies of the papers and\ndocuments as required by subdivision (a) of this section and the court\nfinds, upon the motion of any party or on its own motion on notice to\nthe parties, that such papers and documents ought to have been provided,\nthe court may dismiss the complaint or make such final or conditional\norder with regard to such failure as is just including but not limited\nto denial of the accrual of any interest, costs, attorneys' fees and\nother fees, relating to the underlying mortgage debt. Any such dismissal\nshall be without prejudice and shall not be on the merits.\n