§ 11 — Misnomer of party not available

New York § 11

• Jurisdiction: New York
• Law GAS: General Associations
• Art. 2: Joint-stock Associations

Text

§ 11. Misnomer of party not available. Where an action, authorized\nby a law of the state, is brought against one or more persons, as\nstockholders of a joint-stock association, an objection to any of the\nproceedings cannot be taken, by a person properly made a defendant in\nthe action, on the ground that the plaintiff has joined with him, as a\ndefendant in the action, a person, whose name appears on the stock-books\nof the association, as a stockholder thereof, by the name so appearing;\nbut who is misnamed, or dead, or is not liable for any cause. In such a\ncase, the court may, at any time before final judgment, upon motion of\neither party, amend the pleadings and other papers, without prejudice to\nthe previous proceedings, by substituting the true name of the person\nintended, or by striking out the name of the person who is dead, or not\nliable, and, in a proper case, inserting the name of his representative\nor successor.\n