Orthopaedic Specialists of Greater NY, P.C. v Kemper Independence Ins. Co., 2014 NY Slip Op 51683(U)(App. Term 1st Dept. 2014)
“Defendant’s motion to dismiss the complaint was properly denied and the cross motion to amend the caption of the summons and complaint to designate plaintiff as “Orthopaedic Specialists of Greater New York, P.C. a/a/o Nancy Goris,” was properly granted. Plaintiff established that “the right party plaintiff [was] in court but under a defective name” (Covino v Alside Aluminum Supply Co., 42 AD2d 77, 80 [1973]) and defendant failed to establish any prejudice from the misnomer. Thus, plaintiff was properly permitted to amend the caption to reflect its true name (see CPLR 2001; Unique Laundry Corp. v. Hudson Park NY LLC, 55 AD3d 382 [2008; Homemakers, Inc., of Long Island v. Williams, 100 AD2d 505, 507 [1984]). Nor has defendant demonstrated that discovery on the issue of plaintiff’s corporate name is material and necessary to its defense of this action.”
I am unsure what the purpose of the appeal was. Did plaintiff actually plead another corporation? Assuming they did, the SOL expire (thus allowing a dismissal to effectively be with prejudice?)
Unsure.
