🔑 New York Rule for Translated Documents: A Bilingual Agreement Still Needs a Proper Translation Affidavit

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A document is not exempt from New York’s translation rule merely because it places English text beside foreign-language text. If a paper served or filed in a New York court includes a foreign-language exhibit, the proponent must comply with CPLR 2101(b): the foreign-language material must be accompanied by an English translation and a translator’s affidavit stating the translator’s qualifications and that the translation is accurate.

That rule matters even when the document appears to be bilingual. A side-by-side format does not necessarily prove that the English text is a legally sufficient translation of the foreign-language text. It also does not eliminate the need for a translator’s affidavit. The problem is especially acute where the agreement itself contemplates possible differences between the two language versions.

The practical point is simple: when a New York court is asked to enforce or rely on a foreign-language or bilingual agreement, counsel should not assume that the English column will be enough. The safer practice is to file a proper English translation with a compliant translator affidavit, even if the document already includes English text.