Court Won't Issue Default Judgment Against "J. Doe"

Landlord sued to evict tenant for nonpayment of rent. When tenant and undertenants named in the court caption failed to respond, landlord asked the court for entry of a default judgment, issuance of an eviction warrant, and leave to execute on any issued warrant.

The court ruled for landlord in part. Landlord could seek a default judgment and warrant against tenant, who failed to appear. But the case must be dismissed against "J. Doe." CPLR Section 1024 allows the naming of an unknown party by designating so much of his name and identity as is known. Resorting to "John Doe" or "Jane Doe" designations should be a last resort. Nothing in the record showed that landlord made efforts to ascertain the claimed unknown occupant's name. By using "J. Doe," rather than even specifying a "John" or "Jane," there was no indication that due diligence was used. Any investigation to ascertain the unknown occupant's actual identity should reveal, at a minimum, their gender. The court found the use of "J. Doe" "appears to be a hedge against running afoul of RPAPL Section 749, which limits evictions to 'all persons named in the proceeding.'"

Michaelangelo Pres., LLC v. Burgos: Index No. 307013-22, 2022 NY Slip Op 50424(U)(Civ. Ct. Bronx; 5/26/22; Ibrahim, J)