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TEACHERS COLL. v. WOLTERDING

77 Misc.2d 81 (1974)

Teachers College, Appellant, v. Shirley Wolterding, Respondent, and "John Doe" et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 10, 1974

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy (Eugene F. Farabaugh, Michael J. Levin and Michael T. Sullivan of counsel), for appellant. Jeffrey E. Glen and Lawrence H. Cohn for "John Doe", respondent.

Concur — QUINN, J. P., LUPIANO and FINE, JJ.

Per Curiam.

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 nonamendable as the allegations of the petition clearly name H. Richard Moore as an occupant of the premises and...

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