she is a necessary party and would still have to be named and served in the foreclosure action.
The foreclosure action has a designation for "John Doe" so as to include any unknown [*3]persons. The fact that the respondent, as a necessary party, was not
named or served in the foreclosure proceeding would not be remedied, even if she, as an
unknown person, were considered to be a "John Doe." CPLR 1024 permits a plaintiff to proceed
against an unknown party but would be inapplicable in regard to the respondent. "Before naming
a party as a "John or Jane Doe", the plaintiff must establish that it has made a genuine effort to
ascertain the name of the party but has been unable to do so." Mers, Inc.
supra, citing Tucker v. Lorieo, 291 AD2d 261 [1st Dept, 2002]
and Porter v. Kingsbrook OB/GYN Associates, P.C., 209 AD2d 497 [2d Dept,
1994]. If the plaintiff knew or could have discovered the actual names of the parties named as
"John or Jane Doe" with the exercise of due diligence, then the summons naming such parties as
unknowns is jurisdictionally defective. Id. citing ABCKO
Industries, Inc. V. Lennon, 52 AD2d 435 [1st Dept, 1976]
Because the lease contains no subordination clause, the tenant's leasehold can only be
terminated in accordance with section 8 guidelines, by showing a cause to terminate the lease as
well as giving the requisite notice.
24 C.F.R.982.310 (a) addresses termination of a section 8 tenancy.
24 C.F.R. § 982.310 states:
(a) During the term of the lease, the owner may not terminate the tenancy except on the
following grounds: (1) Serious violation (Including but not limited to pay rent or other amounts
due under the lease) or repeated violation of the terms and conditions of the lease: (2) Violation