"Deutsche Bank National Trust Company, As Trustee For Argent Securities"
 

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.

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