Housing Court Ordered to Issue Default Judgments Against Tenants

Landlord sued to evict tenants in three separate cases. Tenants didn't appear in court, and landlord asked the court to issue default judgments. Landlord submitted sworn statements that none of the tenants were in the military. The court refused to issue the default judgments, finding that landlord's nonmilitary affidavits were inadequate. Landlord then asked a higher court to order the housing court to issue the default judgments. The court ruled for landlord. Landlord stated in his nonmilitary affidavits that he had called each apartment, that he had talked with someone at each apartment who claimed to be the tenant, and that each tenant had stated that he wasn't in the military and wasn't dependent on anyone in the military. So landlord's nonmilitary affidavits were sufficient.

Jacreg Realty Corp. v. Kornreich: NYLJ, p. 27, col. 4 (4/28/99) (Sup. Ct. NY; Wetzel, J)