May 14, 2022

CPLR 1024.

The motion to dismiss the complaint is denied where plaintiff made diligent efforts to ascertain the defendant's identity prior to filing the complaint, and the complaint adequately described the defendant so as to apprise him that he was the intended defendant.

Strautmanis v. GMDC Two Corp., NY Slip Op 03092 (1st Dep't May 10, 2022)

Here is the decision.