Non-Military Affidavit Stated Conclusions

Landlord sued to evict tenant. Landlord asked the court to issue a default judgment and eviction warrant based on tenant's failure to appear in court. Landlord submitted an affidavit stating that tenant wasn't in the military. The court ruled against landlord, finding that this non-military affidavit wasn't sufficient. The United States Soldiers' and Sailors' Civil Relief Act, a federal law, requires anyone seeking a default judgment in court to file an affidavit stating facts showing that the party sued isn't in the military. In landlordtenant cases, stated facts may include statements of neighbors or a building's super that tenant had said he wasn't in the military. Landlords can also submit statements signed by tenants at the time they signed their leases. In this case, landlord's non-military affidavit stated only that he'd caused an investigation to be made and that he was convinced that tenant wasn't in the military. This affidavit stated only conclusions and no facts.

Defjan NY Ltd. v. Mishiyev: NYLJ, p. 32, col. 3 (11/18/98) (Civ. Ct. Kings; Acosta, J)