Teachers College v. Wolterding

Petitioner, it appears, failed to designate in the caption of this proceeding the name of a “ subtenant ” in actual occupancy of the subject premises, to wit, H. Richard Moore, as a party respondent. Instead, petitioner designated such respondent as “ John Doe ”. The court below, relying on CPLR 1024, held, in effect, that this defect was noriamendable as the allegations of the petition clearly name H. Richard Moore as an occupant of the premises and therefore his identity was known *82to petitioner. On this basis the motion of Ricardo Moore, “ respondent herein”, to dismiss the petition was…