Case Type

Non-payment

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-309341-25/KI

Petitioner

RACHEL E. SARCHET WALLER, JOHN DOE, JANE DOE

Respondent

RACHEL E. SARCHET WALLER, JOHN DOE, JANE DOE

Judge

Bacdayan, Karen May

Decision/Order Date

2026-05-11

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Other

Synopsis

Following a default judgment against the named respondent in this nonpayment proceeding, two occupants filed orders to show cause seeking additional time to vacate, claiming they resided at the premises pursuant to subleases. The court found the occupants had due process rights before being dispossessed but lacked jurisdiction over them because they were not in possession when the petition was served. Both orders to show cause were denied; however, the court ruled that any warrant issued under this index number is not valid against the unnamed occupants, requiring the landlord to commence a new proceeding naming them as respondents.

Keywords

Court Lacks Jurisdiction Over Occupants Not In Possession Upon Commencement Of Case; Warrants Not Valid Against Unnamed Occupants; Occupants Moved in After Commencement

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