Sammatano v. Brooklyn City Railroad

Appellate Division of the Supreme Court of New York

Sammatano v. Brooklyn City Railroad

238 A.D. 808

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1933·No. Appeal No. 1·Published

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.

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

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