Summary
The Appellate Division, Second Department, reversed an order denying the plaintiff leave under CPLR 305(c) to amend the caption and substitute All State Fuel Oil Corp., doing business as Jennings & Hartwell Fuel Oil, for Jennings & Hartwell Fuel Oil Corp. The court held that the correct defendant was timely served at its service address, the pleadings fairly apprised it of the intended claim, and there was no demonstrated prejudice from the amendment.
Holdings
- Leave to amend the caption was warranted because All State Fuel Oil Corp. was the correct defendant, was timely served at its address for service of process, and was not prejudiced by the amendment.
Questions Presented
- Whether CPLR 305(c) permitted amendment of the caption to substitute All State Fuel Oil Corp., doing business as Jennings & Hartwell Fuel Oil, for the misnamed Jennings & Hartwell Fuel Oil Corp.
- Whether the correct defendant was served and would suffer prejudice from the proposed amendment.
Disposition
reversed
Cases Cited (8)
- Jordan-Covert v. Petroleum Kings, LLC, 199 AD3d 666, 668(followed)
- Brewster v. North Shore/LIJ Huntington Hosp., 221 AD3d 648, 649(followed)
- Nossov v. Hunter Mtn., 185 AD3d 948, 948(followed)
- Matter of Hyundai Capital Am., Inc. v. Marina, 233 AD3d 1318, 1320(applied)
- Holster v. Ross, 45 AD3d 640, 642(applied)
- Simpson v. Kenston Warehousing Corp., 154 AD2d 526(applied)
- Fink v. Regent Hotel, 234 AD2d 39, 41(applied)
- Creative Cabinet Corp. of Am. v. Future Visions Computer Store, 140 AD2d 483, 485(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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