Case Type

Holdover-Breach of Lease

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

309769-24

Petitioner

395 EAST 151 ST. CORP.

Respondent

MHANY CLUSTER HOUSING DEVELOPMENT, John Doe, Jane Doe (Laquanda Gaines)

Judge

Hassan, Amira

Decision/Order Date

2025-12-13

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

In a rent-stabilized holdover for failure to sign a lease renewal, the court granted the occupant's motion to dismiss the petition against her (as "Jane Doe") for improper use of a pseudonym under CPLR 1024. The landlord claimed ignorance of her identity, but evidence showed it knew her name, having collected HRA payments on her behalf, and that she had interacted with management. The court denied the landlord's request to sua sponte join the occupant, finding her identity was known pre-commencement. The proceeding continues against the named tenant.

Keywords

Holdover Dismissed as to Occupant for Improper Use of Pseudonym “John Doe/Jane Doe” Pursuant to CPLR 1024; Rent Stabilized Supportive Housing; Relocation; Occupant’s HRA Shelter Payments Collected by Landlord/Petitioner; Must Investigate Adult Occupant’s Name & Identity

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