Practice point: Pursuant to CPLR 305(c), an amendment to correct a misnomer will be permitted if the court has jurisdiction over the intended defendant and if he was fairly apprised that he was the intended party.
Practitioners should note that the statute may not be used to correct the name of a defendant or to add or substitute a defendant.
Case: Smith v. Garo Enterprises, Inc., NY Slip Op 01790 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
