Landlord's Proof of Defaulting Tenant's Nonmilitary Status Insufficient

June 24, 2017

LVT Number: #27724

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding its proof insufficient to meet the requirements of applicable law. Landlord appealed and lost. While landlord submitted a document from the U.S. Department of Defense Manpower Data Center (DMDC) indicating that tenant wasn't on an active duty list, landlord submitted no sworn statement from someone with personal knowledge of information submitted to DMDC.

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding its proof insufficient to meet the requirements of applicable law. Landlord appealed and lost. While landlord submitted a document from the U.S. Department of Defense Manpower Data Center (DMDC) indicating that tenant wasn't on an active duty list, landlord submitted no sworn statement from someone with personal knowledge of information submitted to DMDC.

Riverton Square LLC v. McLeod: 55 Misc.3d 143(A), 2017 NY Slip Op 50625(U) (App. T. 1 Dept.; 5/10/17; Schoenfeld, JP, Shulman, Gonzalez, JJ)

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