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MARINO v. GOTHAM CHALKBOARD MFG. CORP.

No. 64 Civ. 3381.

259 F.Supp. 953 (1966)

Joseph MARINO, Plaintiff, v. GOTHAM CHALKBOARD MFG. CORP., Anthony Castaldo, doing business as P & C Trucking Co., Meta Construction Company, Inc. and Martin Vahi, Defendants.

United States District Court S. D. New York.

September 21, 1966.

Attorney(s) appearing for the Case

Marcus & Levy, New York City, for plaintiff (John Selawsky, New York City, of counsel).

Watters & Donovan, New York City, for defendant Gotham Chalkboard Mfg. Corp. (John P. Walsh and T. R. Kennedy, New York City, of counsel).

Carmine C. Morasco, New York City, for defendant Anthony Castaldo.

Hanner, Fitzmaurice & Onorato, New York City, for defendants Meta Const. Co., and Martin Vahi.

MEMORANDUM

MacMAHON, District Judge.

This is a motion by the plaintiff for leave to amend his complaint to correct a mistake concerning the identity of the proper party defendant by substituting Gotham Chalkboard & Trim Co., Inc. (Gotham Trim) as a party defendant, for and instead of Gotham Chalkboard Mfg. Corp. (Gotham Manufacturing), with the amendment relating back to the date of the filing of the original complaint.

It is conceded that the...

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