Triborough Bridge & Tunnel Authority v. Wimpfheimer

OPINION OF THE COURT

Order dated November 28, 1994 modified by reversing so much thereof as granted summary judgment dismissing the petition against tenants; the petition is reinstated; the sixth affirmative defense is stricken; and the matter is remanded to the Civil Court for further proceedings consistent with this decision.

In this commercial holdover proceeding, Civil Court granted summary judgment dismissing the petition on the ground that subtenants whose names and identities were known to landlord prior to its commencement were improperly designated as "John Doe” and "Jane Doe”, and…