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2204 Collier Assocs. v. Morgan

Use of Fictitious Name, Failing to Name Necessary Party Renders Petition Defective

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion:Papers NumberedOrder to Show Cause and Affidavits AnnexedNotice of Motion and Affidavits Annexed           1Notice of Cross-Motion and Affidavit Annexed   2Answering AffidavitsReplying Affidavits             3ExhibitsOther Memoranda of LawDECISION/ORDER

*1  Upon the foregoing cited papers, and all the pleadings herein, the Decision/Order on this Motions are as follows: In this nonpayment proceeding, both Petitioner and Respondent Shannon Lee s/h/a “Jane Doe” are represented by counsel. No other Respondents have answered or appeared.Respondent Lee now moves for an Order 1) granting leave to interpose an amended answer, 2) dismissing the proceeding for failing to name a necessary party, 3) dismissing the proceeding for improper use of a fictitious name, 4) granting summary judgment on Lee’s counterclaim for rent overcharge, 5) granting discovery for Lee’s counterclaim of rent overcharge, and 6) granting costs, disbursements and legal fees.Petitioner opposes dismissal of the proceeding and cross moves for leave to amend the pleadings to reflect “Shannon Lee” in place of “Jane Doe”.CPLR §3025(b) provides that leave to amend pleadings shall be freely given where there is no prejudice to the non-moving party and the amended pleading have a meritorious claim. Ms. Lee’s initial answer, dated July 11, 2017, raised the defenses 1) that

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