Landlord Signed False Non-Military Affidavit

Landlord sued to evict tenant. The court ruled for landlord based on tenant's failure to appear in court. Tenant learned of the court case when she was evicted by the marshall. Tenant claimed that landlord signed a false non-military affidavit and that he should be sanctioned. Landlord admitted he signed the affidavit stating that tenant wasn't in the military service but claimed he either misread or misunderstood the document or hadn't read it completely. Landlord's attorney also pointed out that landlord was 77 years old. The court ruled for tenant. Landlord signed a false statement that led to an eviction that might otherwise have been avoided. This was frivolous conduct, and the court imposed sanctions in the form of reimbursement to tenant of expenses and attorney's fees resulting from this action. A hearing was ordered to determine the amount.

Brantley v. Riley: NYLJ, p. 32, col. 5 (1/27/98) (Civ. Ct. Kings; Callender, J)