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WILLOUGHBY v. YU FASHION DELI, INC.

278 A.D.2d 316 (2000)

718 N.Y.S.2d 603

JEANETTE WILLOUGHBY, Respondent, v. YU FASHION DELI, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 11, 2000.

Ordered that the order is affirmed, with costs.

"CPLR 305 (c) authorizes the court, in its discretion, to `allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced'" (Ober v Rye Town Hilton, 159 A.D.2d 16, 19). In this case, there is no evidence that the appellant would be prejudiced as...

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