Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

1234 BROADWAY LLC, pet-land-app, v. HSIEN HUA YING, res-tent -and- “JOHN DOE,” res-und-res, -and- “JANE DOE,” res-und

16-072. 1234 BROADWAY LLC, pet-land-app, v. HSIEN HUA YING, res-tent -and- "JOHN DOE," res-und-res, -and- "JANE DOE," res-und — Order (Anne Katz, J.), dated March 9, 2015, insofar appealed from, reversed, with $10 costs, the cross motion denied and the petition reinstated as against tenant Hsien Hua Ying, and landlord's motion for a default judgment against said tenant granted.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

16-072. 1234 BROADWAY LLC, pet-land-app, v. HSIEN HUA YING, res-tent -and- “JOHN DOE,” res-und-res, -and- “JANE DOE,” res-und — Order (Anne Katz, J.), dated March 9, 2015, insofar appealed from, reversed, with $10 costs, the cross motion denied and the petition reinstated as against tenant Hsien Hua Ying, and landlord’s motion for a default judgment against said tenant granted.

This illegal sublet holdover proceeding was dismissed on the ground that the alleged subtenant, whose name and identity were known to landlord, was improperly designated as “John Doe” (see CPLR 1024). However, while dismissal is warranted as against the subtenant, the petition should not have been dismissed against the named tenant, Hsien Hua Ying, who has defaulted in the proceeding (see Triborough Bridge & Tunnel Auth. v. Wimpfheimer, 165 Misc 2d 584 [App Term, 1st Dept 1995]). The subtenant, while a “proper” party to the instant holdover proceeding, is not a “necessary” party whose presence is indispensable to the according of complete relief as between landlord and tenant (see Wimpfheimer, 165 Misc 2d at 586).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Real Estate Associate - Warrington, PA

Description: Fox Rothschild has an opening in the Bucks County (Warrington), PA office for a Real Estate Associate. The ideal candidate will...


Apply Now ›
Intellectual Property (Trademark) Attorney - CT or Remote

Shipman & Goodwin is seeking an attorney with a minimum of eight years of experience to join our Intellectual Property practice. Candid...


Apply Now ›
Attorney 2

REPOST Applicants who have already applied need not reapply. When you come to work for New Jersey Judiciary you will join an 8500-membe...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements