Ralph Ferrara, Inc. v. Bermuda Limousine Co.

Appellate Division of the Supreme Court of New York

Ralph Ferrara, Inc. v. Bermuda Limousine Co.

184 A.D.2d 301, 584 N.Y.S.2d 313, 1992 N.Y. App. Div. LEXIS 7875

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1992·Published·Cited by 1 cases

Opinions

Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered February 1, 1991, which denied defendant’s motion to dismiss the complaint and granted plaintiff’s cross-motion to amend the caption of the action, affirmed, with costs.

The court did not abuse its discretion in granting plaintiff leave to amend the caption nunc pro tunc by substituting the real parties in interest, who were actually served with the summons and complaint, for a party which existed only as a trade name (CPLR 305 [c]; Ober v Rye Town Hilton, 159 AD2d 16, 20). Concur — Carro, J. P., Milonas, Kupferman and Asch, JJ.

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Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered February 1, 1991, which denied defendant’s motion to dismiss the complaint and granted plaintiff’s cross-motion to amend the caption of the action, affirmed, with costs.

The court did not abuse its discretion in granting plaintiff leave to amend the caption nunc pro tunc by substituting the real parties in interest, who were actually served with the summons and complaint, for a party which existed only as a trade name (CPLR 305 [c]; Ober v Rye Town Hilton, 159 AD2d 16, 20). Concur — Carro, J. P., Milonas, Kupferman and Asch, JJ.

Ralph Ferrara, Inc. v. Bermuda Limousine Co., 184 A.D.2d 301, 584 N.Y.S.2d 313, 1992 N.Y. App. Div. LEXIS 7875 (N.Y. Ct. App. 1992).

Pincite

184 A.D.2d 301 (Ralph Ferrara, Inc. v. Bermuda Limousine Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

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