(seeICD Group Intern. Ltd. v Achidov , 284 AD2d 244, 726 NYS2d 654 [1st Dept 2001] ; RR Reo II, LLC v Omeje , 33 Misc 3d 128(A), 2, 2011 NY Slip Op 51848(U) [App Term, 2nd Dept 2011] ). An inadequate description is a jurisdictional defect mandating dismissal.
Moreover, because plaintiff had adequately described "so much of his. . . identity as [was] known" at the time the initial summons and complaint was filed on June 14, 2017, one day prior to the expiration of the statute of limitations, defendant cannot demonstrate prejudice. ICD Group Int'l Ltd. v. Achidov, 284 AD2d 244 (1st Dept. 2001) (Where Court held that a party could properly amend a caption from "John Doe" to the name of the defendant, where the defendant was fairly apprised that it was the party the action was intended to affect, and where no prejudice to the defendant was shown.); Mia Terra Realty Corp. v Sloan, 57 Misc. 3d 141(A) (App. Term, First Department, 2017).
Therefore plaintiff has not effectively joined Superior Maintenance either. C.P.L.R. § 1024(a); Goldberg v. Boatmax://, Inc., 41 AD3d at 256; Opiela v. May Indus. Corp., 10 AD3d at 341; ICD Group Int'l Ltd. v. Achidov, 284 AD2d 244, 245 (1st Dep't 2001). Because the tenants of 2110 Arthur Avenue and Superior Maintenance have not been joined, the court denies plaintiff's motion for summary judgment as premature.
C.P.L.R. § 1024(a); Goldberg v.. Boatmax://, Inc., 41 AD3d at 256;Opiela v. May Indus. Corp., 10 AD3d at 341;ICD Group Int'l Ltd. v. Achidov, 284 A.D.2d 244, 245 (1st Dep't 2001).