Thank you for your patience. Below, please find the answers to your questions:
1) does this type of complaint need to be verified? if not, which ones do?
This type of complaint does not necessarily need to be verified. A list of the types of claims that must be verified are stated in various different locations through the NY Civil Practice and Law Rules. If the breach of contract claim involves the "sale and delivery of goods or performing of labor" then CPLR Section 3016(f) states that "In an action involving the sale and delivery of goods, or the performing of labor or services, or the furnishing of material, the plaintiff may set forth and number in his VERIFIED complaint the items of his claim and the reasonable value or agreed price of each. Thereupon the defendant by his verified answer shall indicate specifically those items he disputes and whether in respect of delivery or performance, reasonable value or agreed price."
2) if it needs to be verified, and the end page has a signature but its not
notarized, can i t be nullified?
CPLR Sec. 3020 (a) states that a verification is a "statement under oath". If the Plaintiff failed to have the verification notarized, then the statement was not made under oath. Thus, CPLR Sec. 3022 states that it is unverified and may be treated as a nullity. However, you must notify the Plaintiff that you intend to treat it as a
nullity and move to dismiss the claim unless within a reasonable time the lack
of verification is corrected.
3) if it can't be nullified, can I file a non verified answer?
The fact that it is not properly verified does not necessarily mean that you need to
file an unverified answer. It would be wise to verify the answer and the to file a Motion to Dismiss should the Plaintiff not properly verify the complaint after you have provided him notice.
Please let me know if you have further questions regarding this matter. Please also remember to rate my answer positively!
Thanks and Good Luck,