In his Foreclosure Litigation column, Bruce J. Bergman, a partner with Berkman, Henoch, Peterson, Peddy & Fenchel, writes that fictitious defendants in foreclosure actions are assuredly required in the caption, later to be removed if shown to be unnecessary. That courts have on occasion recently declined to strike "John Does" when it was needed, which then necessitated reversal on appeal, confirms that this seemingly recondite issue can be troublesome in foreclosure real life.
When Courts Won't Strike 'John Doe' Defendants
New York Law Journal
February 13, 2013
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