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MANHATTAN PLAZA, INC. v. AIR TECH INDUS., INC.

107 A.D.2d 578 (1985)

Manhattan Plaza, Inc., Respondent, v. Air Tech Industries, Inc., Defendant, and HRH Construction Co., Appellant and Third-Party Plaintiff-Appellant. Lewis Hartman et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant

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

January 8, 1985

Although denominated a motion to correct a mistake and misnomer (CPLR 2001), in effect, it was a motion to substitute and add parties plaintiff. In substance, it was an attempt to avoid the operation of the Statute of Limitations and the effect of plaintiff's own gross laches (see Neggy Travel Serv. v Sabena Belgian World Airlines, 56 A.D.2d 537). Hence, the motion should not have...

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