Department of Housing Preservation & Development v. West 129th Street Realty Corp.

In granting vacatur of the default judgment entered in this heat and hot water proceeding, Civil Court held that the failure to file a nonmilitary affidavit, pursuant to the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 USC Appendix § 520), prior to the entry of the default judgment “deprives the court of jurisdiction to enter the judgment” and “renders the judgment void ab initia.” Although the issue has apparently not been directly addressed by published state appellate authority in New York, it has been consistently held that the filing of the required affidavit is not…