Landlord's Nonmilitary Affidavit Insufficient

Landlord sued to evict tenant for nonpayment of rent. When tenant didn't respond to the eviction notice, landlord asked the court for a default judgment. The court ruled against landlord. Landlord didn't submit an affidavit of military investigation performed after tenant's default. Landlord submitted only an affidavit of its process server, who stated that at the time he delivered the court papers to tenant's apartment, he believed that tenant wasn't in the military. Investigation of tenant's military status must take place after tenant defaults. In addition, the process server didn't state any grounds for his claim. There was no description of any investigation, or statement that he had spoken with neighbors or tried to locate any individual who had personal knowledge of tenant's military status.

Cassano v. Gutkowski: NYLJ, 5/10/07, p. 22, col. 1 (Dist. Ct. Nassau; Engel, J)