FIORELLA v. BUFFALO PARK LANE REST.


49 Misc.2d 518 (1966)

Mary U. Fiorella, Plaintiff, v. Buffalo Park Lane Restaurant, Inc., Defendant.

Supreme Court, Special Term, Erie County.

March 14, 1966


Attorney(s) appearing for the Case

Peter J. Fiorella, Jr., for plaintiff. Bernard Helfenstein for defendant.


MATTHEW J. JASEN, J.

Plaintiff moves to amend the summons and complaint, pursuant to CPLR 3025, by changing the name of the defendant from Park Lane Restaurant, Inc., to Buffalo Park Lane Restaurant, Inc.

It is claimed by plaintiff that this is only an informal defect and cannot prejudice the defendant, that to refuse to permit the amendment would in fact prejudice the plaintiff as the Statute of Limitations has expired.

Defendant contends...

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