In Dahmen v. Gregory, 184 Misc.724 (App Term 2nd Dept 1945), 55 N.Y.S.2d 311, the landlord omitted to file the required affidavit of military service. That court held that the tenant was entitled to have the final order vacated notwithstanding his failure to show a meritorious defense to the proceedings. In construing 303(2) of the Military Law, as amended, which is analogous to 520(4) of the Federal Act, the Appellate Court held that a party may not enter a judgment or final order without regard to the requirements of the statute and then invoke subdivision 4 as a bar to its vacatur. Such practice, if sanctioned, would defeat the very purpose of the statute, which is so plainly designed to afford a person in military service some measure of protection before entry of the judgment or final order.