DI STEFANO v. DI STEFANO


5 Misc.2d 683 (1956)

Armand Di Stefano, Appellant, v. Edmond Di Stefano, as Executrix of Filippo Di Stefano, Deceased, et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 29, 1956.


Attorney(s) appearing for the Case

John Finn and Samuel Schwartz for appellant.

No appearance for respondents.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

The proposed amendment of the title in the summons, complaint, and other pleadings was merely to change the designation of the defendant Di Stefano from his representative capacity as executor to his individual capacity. Such an amendment does not bring in a new or different party and is, therefore, permissible notwithstanding that at the time of the amendment the period of limitation has already run. ...

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