Attorney Fined for Authorizing False Military Affidavit

December 1, 2004

LVT Number: 17720

In separate cases, landlord sued to evict six tenants for nonpayment of rent. In each case, tenants didn't appear in court. Landlord requested default judgments and submitted affidavits stating that none of the tenants were in military service. The court reviewed the cases together and found that no investigation was actually conducted before the nonmilitary affidavits were submitted. The court declared the affidavits to be false.

In separate cases, landlord sued to evict six tenants for nonpayment of rent. In each case, tenants didn't appear in court. Landlord requested default judgments and submitted affidavits stating that none of the tenants were in military service. The court reviewed the cases together and found that no investigation was actually conducted before the nonmilitary affidavits were submitted. The court declared the affidavits to be false. The court held landlord's attorney responsible because the affidavits were prepared under his supervision, and he knew or should have known that the affidavits were false. The court fined landlord's attorney $6,000.

Heritage East-West LLC v. Chung and Choi: NYLJ, 11/29/04, p. 19, col. 1 (Civ. Ct. Queens; Brown, J)

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