The summary nonpayment petition requires an answer within five days of service, in default of which the statute provides for judgment in favor of the petitioner. The statute also provides that the judge has authority to stay issuance of the warrant but not more than 10 days from the date of service. RPAPL §732(3). It is self-evident that the statute is designed for the speedy recovery of rental real property. However, any landlord-tenant practitioner can attest that turn-around time for issuance of a default warrant is measured in weeks rather than days of service of the nonpayment petition.
The Civil Court administration has imposed its own internal requirements detracting from the summary nature of the nonpayment proceeding. This article considers the legitimacy of the April 16, 2010 Directive of the New York City Administrative Judge which directs the clerks to require an affidavit of default as a prerequisite to issuance of every default judgment in a summary nonpayment proceeding. Such directive is not authorized by the Court of Appeals. Further, a Jan. 8 New York Law Journal article that concludes the Court of Appeals requires an affidavit of default prior to entry of default judgment in a summary nonpayment proceeding is mistaken.1
Origins of Affidavit
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