Landlord Didn't Name Tenant's Spouse and Children

September 30, 2002

LVT Number: 16138

Landlord sued to evict tenant, as well as subtenants designated as ''John Doe'' and ''Jane Doe.'' Tenant's spouse and children asked the court to dismiss the case because landlord didn't specifically name them in the court papers. The court ruled for tenant's family and dismissed the case. Landlord appealed and won. A spouse and children of a tenant can be removed under an eviction warrant even if they aren't made a party to the eviction case. So it didn't matter whether landlord's petition identified tenant's family members by their actual names.

Landlord sued to evict tenant, as well as subtenants designated as ''John Doe'' and ''Jane Doe.'' Tenant's spouse and children asked the court to dismiss the case because landlord didn't specifically name them in the court papers. The court ruled for tenant's family and dismissed the case. Landlord appealed and won. A spouse and children of a tenant can be removed under an eviction warrant even if they aren't made a party to the eviction case. So it didn't matter whether landlord's petition identified tenant's family members by their actual names.

Kuprewicz v. Muktadir: NYLJ, 9/25/02, p. 22, col. 1 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)

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