Attorney Appointed for Defaulting Tenant in Military

November 1, 2002

LVT Number: 16194

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Landlord asked for a default judgment. Landlord advised the court that tenant was in the U.S. military service and that the other apartment occupant was a dependent of tenant's. The court ruled against landlord. Under the federal Soldier's and Sailor's Civil Relief Act of 1940 and New York State Military Law, the court was required to appoint an attorney to protect tenant's interests and couldn't issue a default judgment.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Landlord asked for a default judgment. Landlord advised the court that tenant was in the U.S. military service and that the other apartment occupant was a dependent of tenant's. The court ruled against landlord. Under the federal Soldier's and Sailor's Civil Relief Act of 1940 and New York State Military Law, the court was required to appoint an attorney to protect tenant's interests and couldn't issue a default judgment.

Simkowitz v. Botelho: NYLJ, 10/30/02, p. 19, col. 3 (Civ. Ct. NY; Schachner, J)

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