363 Associates, LLC v. Sharhan

OPINION OF THE COURT

Eileen N. Nadelson, J.

*929This commercial nonpayment summary proceeding was commenced against respondent commercial tenant with service of a rent demand followed by a notice of petition and petition. Respondent failed to answer or appear. Petitioner landlord filed an order to show cause to dispense with the requirement of filing an affidavit of nonmilitary status as a prerequisite to being awarded a default judgment of possession and warrant of eviction.

Pursuant to the provisions of the federal Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 USC Appendix § 521), no default…