Landlord Didn't Give Occupant's Name in Court Papers

April 1, 2006

LVT Number: 18761

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant was a not-for-profit corporation that provided social services. The apartment was occupied by a man identified in landlord's court papers as ''John Doe.'' Occupant asked the court to dismiss the case. He said that landlord knew his actual name because he had lived alone in the apartment for six years. The court ruled for occupant and dismissed the case. Under CPLR Section 1024, landlord can identify an occupant as John Doe or Jane Doe if the occupant is a person unknown to landlord.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant was a not-for-profit corporation that provided social services. The apartment was occupied by a man identified in landlord's court papers as ''John Doe.'' Occupant asked the court to dismiss the case. He said that landlord knew his actual name because he had lived alone in the apartment for six years. The court ruled for occupant and dismissed the case. Under CPLR Section 1024, landlord can identify an occupant as John Doe or Jane Doe if the occupant is a person unknown to landlord. But landlord must make a reasonable effort to find out the names of any apartment occupants. Landlord didn't show that it had made any proper inquiry to find out occupant's name.

Pinnacle Bronx East v. Bowery Residents Committee, Inc.: NYLJ, 3/29/06, p. 20, col. 3 (Civ. Ct. Bronx; Rashford, J)

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