Case Type

Holdover-Non-primary Residence

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-305744-24/KI

Petitioner

CY EMPIRE CORP.

Respondent

ESTHER MCINTOSH; JOHN DOE; JANE DOE (Yamina Mcintosh)

Judge

Vincent, Rachel

Decision/Order Date

2025-06-11

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The court granted a tenant's motion to dismiss a non-primary residence holdover proceeding against her. The landlord improperly used the pseudonym "Jane Doe" in the pleadings in violation of CPLR 1024. To use a fictitious name, a petitioner must submit an affidavit detailing the genuine efforts made to ascertain the party's identity. Here, the landlord's affidavit was silent regarding any effort to identify the occupant, who was a known party from prior proceedings. The landlord’s cross-motion to amend the caption to substitute the tenant's real name was denied as prejudicial.

Keywords

Improper Use of Pseudonym; CPLR 1024

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