Landlord Must Submit New Nonmilitary Affidavit

January 1, 2002

LVT Number: 15496

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked for a default judgment. Landlord's managing agent submitted a sworn statement that he had investigated tenant's military status and that tenant wasn't in the military. The court ruled against landlord. Because of the events of Sept. 11, 2001, landlord was required to submit a new nonmilitary affidavit.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked for a default judgment. Landlord's managing agent submitted a sworn statement that he had investigated tenant's military status and that tenant wasn't in the military. The court ruled against landlord. Because of the events of Sept. 11, 2001, landlord was required to submit a new nonmilitary affidavit. Landlord's current affidavit stated that he couldn't find tenant but didn't indicate that the investigator spoke with neighbors, coworkers, or the building superintendent in trying to locate tenant.

Benabi Realty Mgmt. Co. v. Vandoorne: NYLJ, 12/5/01, p. 18, col. 5 (Civ. Ct. NY; Schachner, J)

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