Defective Non-Military Affidavit

April 1, 1997

LVT Number: 11344

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked that a default judgment be entered against tenant. The court ruled for landlord but delayed entering the judgment until landlord filed a proper military status affidavit. Landlord's investigator had claimed in a prior non-military affidavit that tenant wasn't in the military service because tenant was regularly employed and 40 to 50 years old. This wasn't sufficient.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked that a default judgment be entered against tenant. The court ruled for landlord but delayed entering the judgment until landlord filed a proper military status affidavit. Landlord's investigator had claimed in a prior non-military affidavit that tenant wasn't in the military service because tenant was regularly employed and 40 to 50 years old. This wasn't sufficient. Landlord must get and state more specific facts to assure the court that tenant didn't default because he was away in military service.

One Sickles St. Co., L.P. v. Vasquez: NYLJ, p. 26, col. 3 (3/19/97) (Civ. Ct. NY; Braun, J)

Topics

More like this