Judge Susan Avery
The court consolidated the subject 14 cases in an action for entry of default judgments and issuances of warrants of eviction. It noted all 14 cases, in which 11 petitioners were named, shared numerous factors, including each affidavit in support of entry of the default was sworn to by the same individual, who claimed to be an employee of each named petitioner in each of the 14 cases, and all 14 affidavits were notarized by the same person, among other things. The court was concerned by all the cases, noting the affiant failed to state the basis for his personal knowledge, and that all 14 affidavits for the 11 different entities read identically asserting conclusory allegations without any factual support. Thus, the court opined petitioner sought to submit affidavits that were executed by a "robo-signer," and not an individual based on actual, firsthand knowledge. The court noted the practice of robo-signing was rejected in residential foreclosure cases, ruling it was also "intolerable" in residential Housing Court proceedings. Thus, the court ordered the affiant to appear for a hearing to determine if he was an "employee" of each of the 14 petitioners, and if, and how he had personal knowledge of all allegations in the petitions.