Landlord Didn't Identify Known Occupants by Name in Court Papers
LVT Number: #30316
Landlord sued to evict tenant and other occupants named as "John Doe" and "Jane Doe." Tenant asked the court to dismiss the case because, although landlord knew the occupants' names, he didn't identify them by name in the court papers. The court ruled for tenant and dismissed the case. Landlord knew the occupants' names since they were tenant's family members and had lived in the unit for almost 10 years. Landlord failed to exercise due diligence to identify the occupants and also failed to show that the court papers were served by registered or certified mail in addition to first-class mail.
Oehlich v. Rosas: 2019 NY Slip Op 51109, NYLJ No. 1563175908 (City Ct. Middletown; 7/10/19; Guertin, J)