New York 555 LLC v. 1055 Park Ave PH LLC et al.

Background

New York 555 LLC filed a foreclosure action involving property at 1055 Park Avenue, Unit PH, in New York. The plaintiff initially identified two defendants as “John Doe” and “Jane Doe.” On November 7, 2025, the process server delivered the summons and complaint to the tenant occupying the property. The tenant was identified as Thomas Majewski and was served under the placeholder name “John Doe #1.”

The plaintiff asked the court to substitute Majewski for the placeholder defendants, remove “John Doe” and “Jane Doe” from the case caption, and extend by 45 days the deadline to serve Majewski with an amended complaint naming him personally.

Substitution and Caption Amendment

The court applied New York’s Real Property Actions and Proceedings Law, which requires a foreclosure plaintiff to join people whose interests in the property are claimed to be subordinate to the plaintiff’s lien. The court found that Majewski’s established residence at the property made him a necessary party because his possessory interest had to be addressed in the foreclosure process.

The court also found that Majewski’s role would be nominal. A nominal defendant is a party included for a limited legal purpose rather than because the plaintiff seeks affirmative relief against that party. The plaintiff did not seek affirmative relief or a judgment against Majewski; his inclusion was needed only to bind any possessory interest he might have as a tenant. The court stated that his New York citizenship therefore did not affect diversity jurisdiction.

Based on the affidavit of service showing Majewski’s tenancy, the court granted the motion to amend the caption and substitute “Thomas Majewski” for “John Doe” and “Jane Doe.”

Extension of Time for Service

Federal Rule of Civil Procedure 4(m) generally gives a plaintiff 90 days to serve a defendant after filing the complaint. If service is not completed within that period, the court may dismiss the action against that defendant without prejudice or order service by a specified date. When the plaintiff shows good cause for the delay, the court must extend the service period for an appropriate time.

The court found good cause here because it would have been impossible to serve Majewski by name until his identity was discovered during service at the property. The court also noted that, because Majewski was not previously named in the caption, he would not have been required to respond to the earlier service.

Ruling

Judge Katharine H. Parker granted the plaintiff’s request in its entirety. The court granted the motion to substitute Thomas Majewski as a defendant in place of “John Doe” and “Jane Doe,” directed the clerk to amend the caption, and granted the motion for an extension of time to serve the amended complaint. Service on Majewski was ordered to be completed on or before January 5, 2026. This order addressed party identification, the case caption, and service; it did not decide whether the foreclosure claim would succeed.