Landlord Fined for False Statement in Non-Military Affidavit

LVT Number: 11348

Facts: Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the order. Landlord falsely stated in the non-military affidavit that he'd spoken to tenant at the apartment before starting the eviction action. However, tenant was, in fact, in prison at the time. The court vacated the eviction warrant. Tenant asked that sanctions be imposed against landlord. Landlord claimed he signed the non-military affidavit in ignorance and not with malicious intent. Court: Tenant wins.

Facts: Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the order. Landlord falsely stated in the non-military affidavit that he'd spoken to tenant at the apartment before starting the eviction action. However, tenant was, in fact, in prison at the time. The court vacated the eviction warrant. Tenant asked that sanctions be imposed against landlord. Landlord claimed he signed the non-military affidavit in ignorance and not with malicious intent. Court: Tenant wins. Landlord's submission of the false sworn statement was ``frivolous conduct.'' The court ordered landlord to pay $1,000 in fines and $100 in court costs.

DeCamp v. Dawson: NYLJ, p. 30, col. 4 (3/12/97) (Civ. Ct. Kings; Callender, J)