Wilson v. 30 Broad Street Associates, L.P., 178 Misc. 2d 257 (1998)

Where the party is unknown, it is well settled law that jurisdiction may be obtained by service upon a legally fictitious person “John Doe” or an entity “XYZ Corp.”, and the petition amended liberally, nunc pro tunc (Jackson v New York City Hous. Auth., 88 Misc 2d 121 [App Term, 1st Dept 1976]), as where there is descriptive reference to “John Doe” in the petition, though merely omitted in the caption under CPLR 1024 (Teachers Coll. v Wolterding, 77 Misc 2d 81 [App Term, 1st Dept 1974]). However, where the identity of the occupant is known, at the commencement of the proceeding, or later becomes known during the pendency of the proceeding, he (or she or it) must be joined in the proceeding for the court to have jurisdiction if he is a necessary party (see, Triborough Bridge & Tunnel Auth. v Wimpfheimer, 165 Misc 2d 584 [App Term, 1st Dept 1995]). As Wimpfheimer further states, a subtenant is not a necessary party and this court would not have to proceed further except for the fact respondent accepted rent directly from the suboccupant and possibly subsequent subtenant, petitioner. D. CONCLUSION