Nonmilitary Affidavit Defective

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the tenant.) Landlord sued to evict tenant. Tenant never appeared in court, and the court ruled for landlord. Tenant later asked the court to vacate the judgment, claiming she never received landlord's notice of petition and petition. The court ruled for tenant after a hearing. Landlord's process server didn't appear. And the court found that landlord's nonmilitary affidavit was defective. Landlord's managing agent never asked tenant if she was in the military; he just used information in tenant's file.

NYC Housing Authority (Carey Gardens) v. Freeman: L&T Index No. 18862/95 (10/12/95) (Civ. Ct. Kings; Hoahng, J) [4-page document]