Judge Susan Avery
The matter was submitted for review of landlord’s application to enter a default judgment and issuance of a warrant of eviction. A prior application was denied, and landlord re-submitted the application, but, despite explicit directives of the court, failed to submit an updated affidavit detailing the basis of the affiant’s personal knowledge. Instead, it submitted the exact application with the same insufficient affidavit, sworn to on a later date. The court ruled re-submitting an ex parte application seeking a default judgment and a warrant of eviction containing a previously insufficient affidavit was unacceptable. It stated re-submissions must include an affidavit stating the prior insufficiencies and curing the defects. Here, there was nothing in the affidavit showing the affiant, an "agent" of petitioner, had any familiarity with the facts and circumstances. Also, the court noted it was unclear whether the affiant even looked at the petition relevant to the matter. Further, the petition sought legal fees, but the court ruled legal fees could not be part of a possessory claim for a rent regulated apartment, and the allegation the amount demanded was not satisfied could not support the entry of a default possessory judgment. The application was again denied.
