Judge Cheryl Gonzales
Landlord sought to recover possession of the subject apartment in this nonpayment proceeding based on respondents’ alleged failure to pay rent. Toure appeared and presented evidence that an order of protection was issued prohibiting Sidibe from any contact with her. Toure now sought dismissal alleging the court lacked personal and subject jurisdiction due to landlord’s failure to name her as a respondent, contending she was a necessary party. She claimed landlord knew of her presence in the apartment, thus landlord’s use of a pseudonym was ineffective to confer the court with jurisdiction over her. Toure also noted Sidibe acknowledged in open court in a prior action between the parties she was his wife and cohabitated with him in the apartment. The court noted exceptions to the general rule,—household members not named on a lease, but who gain a right to reside in the premises from the tenant of record do not need to be named as respondents in a proceeding—including where the occupant had an independent possessory right to the apartment. As landlord was aware of Toure’s presence in the apartment and her name, her motion to dismiss the action was granted, and landlord was denied leave to amend the pleadings.