Pursuant to CPLR 1024, "[a] party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party, may proceed against such person as an unknown party by designating so much of his name and identity as is known." Reliance on the statute requires the plaintiff to exercise due diligence to identify the defendant prior to the running of the statute of limitations. Failure to exercise due diligence to ascertain the John Doe's name subjects the complaint to dismissal as to that party. The John Doe party must be described so as to fairly apprise the party that he is the intended defendant.
Abrego v. Tile World Import Corp., NY Slip Op 05661 (2d Dep't October 15, 2025)
