Did Landlord's Nonmilitary Affidavits Contain False Statements?

Landlord entities for several buildings represented by the same managing agent and attorney sued to evict 19 tenants of different apartments in separate summary nonpayment proceedings. When tenants failed to answer, landlord sought default judgments and filed sworn statements of military investigation by its managing agent. In each case, the rent demand was claimed to be oral, not written, without any details. In each of the affidavits, the agent 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. The affidavits indicated that the agent visited 19 tenants or occupants on one day at their apartments.  In contrast, the affidavits of service of the nonpayment petitions showed that all were delivered by conspicuous place service; none of the 19 tenants was found at home at those times. The court ordered a hearing to determine whether the managing agent's statements in the nonmilitary affidavits were true. 

104 Realty LLC v. Brown: Index No. L&T 89044/13, NYLJ No. 1202628865326 (Civ. Ct. Kings; 11/22/13; Avery, J)