N.Y. Laws » CHAPTER Real Property / ARTICLE Recording Instruments Affecting Real Property
New York Consolidated Laws

N.Y. Real Property Law § 304 (2026)

Proof by subscribing witness

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 304. Proof by subscribing witness. When the execution of a
conveyance is proved by a subscribing witness, such witness must state
his own place of residence, and if his place of residence is in a city,
the street and street number, if any thereof, and that he knew the
person described in and who executed the conveyance. The proof must not
be taken unless the officer is personally acquainted with such witness,
or has satisfactory evidence that he is the same person, who was a
subscribing witness to the conveyance.
Notes of Decisions
Cited in 5 cases, 1988–2005 · leading case: Matisoff v. Dobi, 681 N.E.2d 376 (N.Y. 1997).
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Matisoff v. Dobi, 681 N.E.2d 376 (N.Y. 1997). “tates who may make an acknowledgment or proof (see, Real Property Law § 292); before whom such acknowledgment or proof may be made (see, Real Property Law §§ 298, 299); that an officer taking an acknowledgment must "know[ ] or [have] satisfactory evidence, that the person making…”
In re Est. of Saperstein, 254 A.D.2d 88 (N.Y. App. Div. 1st Dep't 1998). · cites it 2× “s no acknowledgment by the subscribing spouse during the decedent’s lifetime— and any attempt to manufacture such an acknowledgment post mortem would be ineffective (see, Matter of Warren, 16 AD2d 505, 508 , affd 12 NY2d 854 ) — the waiver is nonetheless susceptible of being…”
Hurley v. Johnson, 4 Misc. 3d 616 (N.Y. Sup. Ct. 2004). “*619 who may make an acknowledgment or proof (see, Real Property Law § 292); before whom such acknowledgment or proof may be made (see, Real Property Law §§ 298, 299); that an officer taking an acknowledgment must ‘know[ ] or [have] satisfactory evidence, that the person making…”
In re the Est. of Henken, 139 Misc. 2d 12 (N.Y. Sur. Ct. 1988). “At the trial held in Maul, one of the witnesses was able to testify that the waiver was signed by the widow in his presence, and gave the information about himself required by Real Property Law § 304 for execution of a conveyance.”
Kudrov v. Kudrov, 12 Misc. 3d 205 (N.Y. Sup. Ct. 2005). “Bernier (who was also the attorney that prepared the agreement), establishes the validity of the agreement pursuant to Real Property Law § 304. The defendant also requests counsel fees pursuant to Domestic Relations Law § 238.”
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