Court Investigates 25 Nearly Identical Nonmilitary Affidavits

Landlord sued to evict 25 tenants of different apartments in different buildings in separate summary nonpayment proceedings. When tenants failed to answer, landlord sought default judgments and filed sworn statements of military investigation by its process server. In each of the affidavits, the process server made nearly identical statements that he went to the premises and had a conversation with the named tenant or other occupant as to whether tenant was in, or dependent upon someone in, the military. Each of the 25 affidavits stated that the process server visited these apartments on May 3, 2013, and each stated a different time. The court ordered a hearing to determine whether the process server's statements were true since the affidavits indicated that the process server visited 25 apartments in 19 different buildings covering eight ZIP codes over the course of three hours and seven minutes. The court directed that, at the hearing, the process server testify and produce documents including his license, log book, and GPS records. Under new rules, since the process server was acting in the commission of his licensed activities, he was required to electronically record the time, date, and location of his nonmilitary investigations.

Parkash v. Almonte: 2013 NY Slip Op 23197, 2013 WL 3043223 (Civ. Ct. Bronx; 6/18/13; Avery, J)