Landlord Filed False Affidavit

Landlord sued to evict tenant for nonpayment of rent. Tenant failed to appear in court, and landlord was granted a default judgment and eviction warrant. Landlord's agent submitted to the court affidavits of investigation stating that tenant told him neither she nor anyone else in the apartment was in the military. Tenant's common-law husband then asked the court to delay the eviction warrant. The court ruled for the husband, who claimed that tenant had been in Santo Domingo for the past 18 months caring for her dying father, so the affidavit was false. The court agreed. Landlord's agent admitted he didn't read the affidavit he signed and didn't contact anyone directly. He said he relied on information from his staff. While the warrant was delayed, landlord and tenant signed a settlement agreement for payment of the back rent owed.

Davidson Ave. SIP HDFC v. Castro: Index No. 63421/09, NYLJ No. 1202479212846 (Civ. Ct. Bronx; 1/21/11; Kraus, J)