Unknown Defendants

CPLR 1024 requires the plaintiff to exercise due diligence to identify an unknown 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)