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PIETRO v. McALLISTER BROS.

47 Misc.2d 714 (1965)

James P. Di Pietro, Respondent, v. McAllister Bros., Inc., Appellant. James P. Di Pietro, Respondent, v. McAllister Lighterage Line, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

July 14, 1965

Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio (Gerald M. McAllister and Vincent A. Catoggio of counsel), for McAllister Bros., Inc., appellant. Gerald M. McAllister and Vincent A. Catoggio for McAllister Lighterage Line, Inc., appellant. Fodera & Galardi (Jack H. Dorfman of counsel), for respondent.

Concur — DI GIOVANNA, GULOTTA and BRENNER, JJ.

Per Curiam.

The order should be unanimously reversed, with $10 costs to defendant, and motion to correct pleadings by substituting McAllister Lighterage Line, Inc., as defendant in place of McAllister Bros., Inc., nunc pro tunc, denied. The court was without power to make such order. (Abrams v. General Financial Corp., 274 App. Div. 756.) Plaintiff's original designation of McAllister Bros., Inc., as defendant may not be regarded as a mere misnomer...

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