Air Conditioning Training Corp. v. Di Marzio

Appellate Terms of the Supreme Court of New York

Air Conditioning Training Corp. v. Di Marzio

190 Misc. 1033, 76 N.Y.S.2d 597, 1948 N.Y. Misc. LEXIS 2083

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 8, 1948

StatusPublished

This text of 190 Misc. 1033 (Air Conditioning Training Corp. v. Di Marzio) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Air Conditioning Training Corp. v. Di Marzio, 190 Misc. 1033, 76 N.Y.S.2d 597, 1948 N.Y. Misc. LEXIS 2083 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

Memorandum It was a substitution of a new party to change the title from that of the individuals who brought the action allegedly as copartners under a trade name to that of a corporation of the same name. Defendant’s objection that [1034]*1034tMs was not a correction but required the commencement of a new action should have been upheld particularly as the corporation was of Ohio and the individuals were residents of New York.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs, without prejudice to the plaintiff Ohio corporation instituting its action by way of service of summons.

Hammeb, Hofstadteb and Edeb, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

Memorandum It was a substitution of a new party to change the title from that of the individuals who brought the action allegedly as copartners under a trade name to that of a corporation of the same name. Defendant’s objection that [1034]*1034tMs was not a correction but required the commencement of a new action should have been upheld particularly as the corporation was of Ohio and the individuals were residents of New York.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs, without prejudice to the plaintiff Ohio corporation instituting its action by way of service of summons.

Hammeb, Hofstadteb and Edeb, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

190 Misc. 1033, 76 N.Y.S.2d 597, 1948 N.Y. Misc. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/air-conditioning-training-corp-v-di-marzio-nyappterm-1948.