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In a summary nonpayment proceeding commenced in Housing Court, a petitioner seeking entry of judgment, based upon a tenant’s failure to appear or answer, must submit a proper affidavit attesting to the facts of the default, Brusco v. Braun, 199 AD2d 27 (1st Dept. 1993) aff’d 84 NY2d 674 (1994). Contrary to this requirement, it has been this author’s experience that attorneys for petitioners routinely submit and resubmit, insufficient affidavits, resulting in denials of such applications, wasted resources and delays in processing cases. As an affidavit which fails to contain proof in evidentiary form is prima facie insufficient to support the entry of a default judgment, State v. Williams, 73 AD3d 1401 (3d Dept. 2010), it is crucial that a petitioner seeking the entry of a default judgment so that a default warrant of eviction may issue, support its application upon a proper affidavit of merit.

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