Case Type
Holdover-Licensee
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
307032-24/QU
Petitioner
Deutsche Bank National Trust Company, As Trustee For Argent Securities Inc.
Respondent
Calimano, Jacqueline; Senah, Yves; Contreras, Rafael; Cabrera, Armando; Cordero, Giselle; John Doe; Jane Doe
Judge
Bryan, David J.
Decision/Order Date
2025-04-04
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant moved to dismiss due to petitioner's failure to name her in the Notice of Petition and Petition, despite being listed in the 90-day notice to quit. The landlord argued waiver of this jurisdictional defect through tenant’s appearance and answer. The court rejected that claim, holding that mere appearance does not constitute waiver absent active litigation. Because the landlord had actual knowledge of the tenant’s identity before filing and failed to use her name, the use of “Jane Doe†was improper under CPLR §§ 1001 and 1024. The court dismissed the case without prejudice. Practice note: Petitioners must name all known occupants with possessory rights; failure to do so is a fatal defect, not cured by general appearances.
Recommended Citation
"Deutsche Bank National Trust Company, As Trustee For Argent Securities Inc. v. Calimano" (2025). All Decisions. 1774.
https://ir.lawnet.fordham.edu/housing_court_all/1774