Sammatano v. Brooklyn City Railroad

Appellate Division of the Supreme Court of New York

Sammatano v. Brooklyn City Railroad

238 A.D. 808

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1933

DocketAppeal No. 1

StatusPublished

This text of 238 A.D. 808 (Sammatano v. Brooklyn City Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sammatano v. Brooklyn City Railroad, 238 A.D. 808 (N.Y. Ct. App. 1933).

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Opinion

Order reversed on the law, with ten dollars costs and disbursements, and motion to correct the name of the defendant, so as to read Brooklyn, Queens County and Suburban Railroad Company, denied, with ten dollars costs. The order substitutes, in the place of the defendant served, a distinct and separate corporation which never had been served with process and which has not been brought within [809]*809the court’s jurisdiction. This may not be done under the guise of correcting a misnomer. Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.

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Order reversed on the law, with ten dollars costs and disbursements, and motion to correct the name of the defendant, so as to read Brooklyn, Queens County and Suburban Railroad Company, denied, with ten dollars costs. The order substitutes, in the place of the defendant served, a distinct and separate corporation which never had been served with process and which has not been brought within [809]*809the court’s jurisdiction. This may not be done under the guise of correcting a misnomer. Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

238 A.D. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sammatano-v-brooklyn-city-railroad-nyappdiv-1933.