Petition Must State Tenant's Name, If Known

July 31, 1993

LVT Number: 8073

Landlord sued to evict co-op tenant for defaulting on mortgage loan payments. Landlord identified one tenant by name in its petition, but called the other tenant "Jane Doe.'' Landlord knew Jane Doe's actual name because landlord had previously brought another nonpayment action against tenants and the same attorneys were used. They named her Jane Doe in that case, but learned her real name during the proceedings. The court dismissed landlord's petition. Civil Practice Law & Rules Sec. 1024 allows one party to sue another using a fictitious name only if the name isn't known.

Landlord sued to evict co-op tenant for defaulting on mortgage loan payments. Landlord identified one tenant by name in its petition, but called the other tenant "Jane Doe.'' Landlord knew Jane Doe's actual name because landlord had previously brought another nonpayment action against tenants and the same attorneys were used. They named her Jane Doe in that case, but learned her real name during the proceedings. The court dismissed landlord's petition. Civil Practice Law & Rules Sec. 1024 allows one party to sue another using a fictitious name only if the name isn't known. Landlord knew tenant's name, so its petition was defective.

First Federal Savings & Loan Association of Rochester v. Souto: NYLJ, p. 25, col. 6 (7/14/93) (Civ. Ct. NY; Braun, J)

Topics

More like this