Eviction Proceeding Improperly Dismissed

March 17, 2016

LVT Number: #26844

Landlord sued to evict tenant for illegal subletting. The court denied landlord’s request for a default judgment against tenant and granted the subtenant’s request to dismiss the case. Landlord appealed and won. The case was dismissed because the landlord named the subtenant as “John Doe” in its court papers, even though landlord knew the subtenant’s name. While this was a valid reason to dismiss the holdover petition as against the subtenant, the case against the defaulting tenant shouldn’t have been dismissed.

Landlord sued to evict tenant for illegal subletting. The court denied landlord’s request for a default judgment against tenant and granted the subtenant’s request to dismiss the case. Landlord appealed and won. The case was dismissed because the landlord named the subtenant as “John Doe” in its court papers, even though landlord knew the subtenant’s name. While this was a valid reason to dismiss the holdover petition as against the subtenant, the case against the defaulting tenant shouldn’t have been dismissed. The subtenant was a proper party, but not a necessary party, to the eviction proceeding. The case was reinstated and sent back to housing court.

 

 

 
1234 Broadway LLC v. Ying: 50 Misc.3d 140(A), 2016 NY Slip Op 50190(U) (App. T. 1 Dept.; 2/22/16; Schoenfeld, JP, Shulman, J)

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