Benabi Realty Management Co. v. Van Doorne

OPINION OF THE COURT

Larry S. Schachner, J.

Petitioner’s ex parte application is disposed of as follows:

In this residential nonpayment proceeding petitioner seeks an order dispensing with the requirements of Federal and State law to submit an affidavit of nonmilitary service so that it may obtain a default judgment and warrant of eviction. Respondent has failed to answer the petition.

*38The Federal Soldiers’ and Sailors’ Civil Relief Act of 1940 prohibits the entry of a default judgment without court order where an affidavit of nonmilitary service has not been filed. In pertinent part, 50 USC…