Subtenant Not Named in Proceeding

November 1, 1994

LVT Number: 9254

Landlord sued to evict tenant and subtenant for illegal sublet. Neither tenant nor subtenant showed up for the trial. The court ruled for landlord based on the default. Subtenant asked the court to vacate the default judgment. She pointed out that landlord's petition called subtenant ''Jane Doe'' even though landlord knew subtenant's name. The court ruled for subtenant. Landlord appealed, and the appeals court ruled for subtenant. By using the name ''Jane Doe'' instead of subtenant's real name, landlord had deprived her of the chance to defend herself in court.

Landlord sued to evict tenant and subtenant for illegal sublet. Neither tenant nor subtenant showed up for the trial. The court ruled for landlord based on the default. Subtenant asked the court to vacate the default judgment. She pointed out that landlord's petition called subtenant ''Jane Doe'' even though landlord knew subtenant's name. The court ruled for subtenant. Landlord appealed, and the appeals court ruled for subtenant. By using the name ''Jane Doe'' instead of subtenant's real name, landlord had deprived her of the chance to defend herself in court.

Varveris v. Infante: NYLJ, p. 32, col. 5 (10/25/94) (App. T. 2 Dept.; G. Aronin, JP, Scholnick, Patterson, JJ)

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