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Bldg. Management Co. Inc. v. Vision Quest of Flatbush

In each of these commercial nonpayment proceedings, Petitioner applies for a judgment of possession pursuant to RPAPL 732(3) by reason of the tenant's failure to answer. Although the Petitions differ in structure and pertinent language, each is verified only by an attorney based on information and .....

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In each of these commercial nonpayment proceedings, Petitioner applies for a judgment of possession pursuant to RPAPL 732(3) by reason of the tenant’s failure to answer. Although the Petitions differ in structure and pertinent language, each is verified only by an attorney based on information and belief. None of the applications are accompanied by any other affidavit or affirmation, with the consequence that none of the allegations of any of the Petitions is sworn to or affirmed to be true by anyone with personal knowledge. In this respect, these applications, which constitute four of the six applications submitted to this judge on a recent day in the appropriate part, resemble a significant majority of the applications for judgment of possession regularly submitted for his determination. Finding the attorney verification insufficient to support a judgment of possession and warrant, the Court denies each of the applications, with leave to renew.

This opinion will not address whether the verifications in these Petitioners comply with RPAPL 741 and, to the extent required, CPLR 3020 and 3021; nor will it address whether any defect in the verification would preclude entry of a default judgment. (See, generally, Genesee Gateway Houses, Inc. v. Khalid, 2003 NY Slip Op 50809[U] [Rochester City Ct]; Ft. Holding Corp v. Otero, 157 Misc2d 834 [Civ Ct, NY County 1993]; Zirinsky v. Violet Mills, Inc., 152 Misc2d 538 [Civ Ct, Queens County 1991]; Cucinotta v. Saljon Enterprises, Ltd., 140 Misc2d 681 [Civ Ct, NY County 1988]; Lefrak v. Robinson, 115 Misc2d 256 [Mount Vernon City Ct 1982]; S. P. S. G. Inc. v. Collado, 113 Misc2d 167 [Civ Ct, NY County 1982].)

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