Preprinted Form Can't Be Used as Nonmilitary Affidavit

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant didn't answer or appear in court. Landlord asked the court for a default judgment and eviction warrant. Landlord submitted an affidavit of tenant's nonmilitary status on a commonly used preprinted form. Landlord's managing agent checked off a box on the form, stating that he knew, by reviewing tenant's file, that tenant wasn't in the military. Court: Landlord loses. The court can't grant a default judgment because the preprinted form isn't sufficient for use as a nonmilitary affidavit. Landlord must provide an affidavit of a person who clearly has actual knowledge of a defaulting tenant's military status. The affidavit must set forth the nature of landlord's investigation, the person spoken to, the date of the investigation, and the specific facts that support landlord's knowledge of tenant's military service.

301 W. 111th Owners LLC v. Wilson: NYLJ, 6/25/03, p. 18, col. 6 (Civ. Ct. NY; Nadelson, J)