Landlord Didn't Identify "John Doe" in Court Papers

Landlord sued to evict tenant, along with "John Doe." The court ruled for landlord after tenant appeared in court and agreed to move out. Landlord showed that John Doe had been served with court papers, so he was evicted. John Doe, who was tenant's father, then asked the court to vacate the judgment and warrant and restore him to possession. The court refused. John Doe appealed and won. He showed that he had lived in the apartment with his daughter for three years under a life estate granted by prior landlord. He also said that the daughter didn't live there, that landlord knew that he lived there, and that in a prior court settlement order, tenant had acknowledged that he lived there. John Doe claimed that landlord should have known his name and that he wasn't properly served with court papers. The appeals court restored him to possession and reopened the case so that John Doe could put in a proper defense to the eviction action.

RR REO II LLC v. Omeje: NYLJ, 10/28/11, p. 23, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)