Landlord Must File Affidavit of Merit to Get Default Judgment

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to appear in court, the warrant clerk rejected landlord's application for a default judgment and issuance of an eviction warrant for omitting an affidavit of merit. Landlord then asked the State Supreme Court to bar the warrant clerk from rejecting the warrant application. Landlord claimed that no statute required this affidavit in order to get a default judgment. The court ruled against landlord. The Deputy Chief Administrative Judge had issued a directive, DRP-191-A, stating that a court couldn't accept a default petition unless it contained an affidavit that the facts were sworn to or affirmed by someone with personal knowledge of their truth. The directive was consistent with Real Property Actions and Proceedings Law Section 732 and didn't add a requirement for the grant of a default judgment. The directive also wasn't improperly issued and must be followed by the court and warrant clerk.

367 E. 201st St. LLC v. Velez: Index No. 260394/10, NYLJ No. 1202478300623 (Sup. Ct. Bronx; 1/10/11; Thompson, J)