Landlord Didn't Name Known Apartment Occupant

November 24, 2015

LVT Number: #26639

Landlord sued to evict tenant for nonprimary residence and named “John Doe” and “Jane Doe” as additional apartment occupants in its court papers. Tenant’s granddaughter appeared in court, claimed succession rights because tenant had died, and asked the court to dismiss the case. The granddaughter argued that landlord knew her name and therefore should have used it in court papers instead of calling her “Jane Doe.” The court ruled for the granddaughter and dismissed the case.

Landlord sued to evict tenant for nonprimary residence and named “John Doe” and “Jane Doe” as additional apartment occupants in its court papers. Tenant’s granddaughter appeared in court, claimed succession rights because tenant had died, and asked the court to dismiss the case. The granddaughter argued that landlord knew her name and therefore should have used it in court papers instead of calling her “Jane Doe.” The court ruled for the granddaughter and dismissed the case. Landlord knew that the granddaughter had a claim and had named her in a prior eviction proceeding. Landlord could start over if it commenced a proper proceeding. 

 

 

 

Maimonides Medical Center v. Garcia: Index No. L&T 102106/2014, NYLJ No. 1202738915465 (Civ. Ct. Kings; 8/17/15; Kuzniewski, J)

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