Landlord Didn't Have to Name Tenant's Husband in Court Papers

Landlord sued to evict tenant for keeping a dog in violation of her lease. At trial, tenant asked the court to dismiss the case because landlord hadn't named tenant's husband as a party to the case, even though landlord knew the husband's name. The court ruled for tenant and dismissed the case. Landlord appealed and won. Only tenant had signed the most recent renewal lease for the apartment. Therefore, tenant's husband wasn't a necessary party to the proceeding. Landlord also had named "John Doe" and "Jane Doe" as apartment occupants in the court papers. And the court should have granted landlord's request at trial to amend the petition to reflect the husband's name. The case was sent back to housing court for a new trial.

Randazzo v. Galietti: 55 Misc.3d 131(A), 2017 NY Slip Op 50423(U) (App. T. 2 Dept.; 4/7/17; Weston, JP, Pesce, Aliotta, JJ)