Landlord Called Tenant's Daughter 'Jane Doe' in Court Papers

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. The daughter claimed that she had pass-on rights to the apartment. She asked the court to dismiss the case. Although her name was Amira Zokari, landlord referred to her in the court papers simply as "Jane Doe." Landlord argued that it should be allowed to amend the court papers to substitute the daughter's actual name. The court ruled against landlord and dismissed the case. Landlord can name someone "Jane Doe" in court papers if the name of a party was unknown after making a diligent effort to find out. In this case, landlord's managing agent had visited the apartment and asked tenant's daughter in Arabic what her name was. Her attorney also later sent landlord a letter asking landlord to add her name to the apartment lease. Landlord therefore should have known the name of tenant's daughter and should have used her name in the court papers.

George Tut & Co. v. Doe: NYLJ, 8/6/08, p. 27, col. 1 (Civ. Ct. Kings; Heymann, J)