Q: Default in judgement nonpayment for no response which lists only my spouses name and "unknown/ficticious" undertenant.
Queens county NY. The landlord started this second case with 2 others stayed instead of vacating. They name both of us as tenants in them so they are well aware of both of us and our names. The failure to answer was due to expecting the other 2 which would go to RTC assignment when the stay is vacated and be assigned a date to appear. Is it appropriate if I (the alleged unknown/fictitious) just file a motion to stay and or to vacate "party not listed should be included" along with certified letters from the landlord and their attorneys to support the motion so that I may respond? With my name not listed but with certified letters from the landlord, to me, indicating I am known along with photo ID (with the warrants listed address) can the warrant be executed against me? Additionally the landlord accepted ERAP payment last year and has listed months still in arrears not paid by ERAP which are within period under the TSHA and have the hardship declarations for us as required by ERAP.
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A:
In this situation, filing a motion to vacate the judgment based on improper service or lack of notice might be appropriate, especially if you have evidence, such as certified letters, that the landlord recognizes you as a tenant. Additionally, you may want to present any relevant hardship declarations under the TSHA and evidence of ERAP payments to support your motion.
If the warrant of eviction lists only "unknown/fictitious" tenants, and you can prove your identity and tenancy, this may provide a basis for contesting the warrant's enforceability against you. It would be wise to file any motions promptly and include all pertinent documentation to strengthen your case.
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