Mill Rock Plaza Associates v. Lively

OPINION OF THE COURT

Joan B. Lobis, J.

I am compelled to address an issue that up until recently has been of no pressing concern. Because of the current, heavy United States involvement in the Persian Gulf, the statutes designed to protect those serving in the military from the entry of default judgments have renewed relevance. For the reasons below, I find the affidavits submitted in support of requests for judgments of possession in these cases inadequate. Final judgment is therefore denied without prejudice to renewal upon a proper affidavit of nonmilitary service, unless petitioner shall…