Eviction Case Dismissed for Failure to Name Occupant

Landlord sued to evict tenant and other occupants from an apartment while a foreclosure proceeding was pending. An occupant asked the court to dismiss the case for failing to name her as a respondent. Landlord argued that the occupant was properly named as "Jane Doe" in the notice to quit and petition. The court ruled for the occupant and dismissed the case. Landlord can't designate an occupant as John or Jane Doe if there is actual knowledge of the party's identity. Although there was no proof that landlord had actual knowledge of the occupant's presence or identity, landlord didn't show it made any diligent effort to determine who lived in the apartment, as required by CPLR 1024. The occupant had lived in the two-family building since 2008, so her identity could have been discovered with minimal effort.

Deutsche Bank National Trust Co. v. Turner: Index No. 041152/2010, NYLJ No. 1202494102217 (Civ. Ct. Bronx; 4/22/11; Weissman, J)