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BEAUCHAMP v. RIVERBAY CORP.

156 A.D.2d 172 (1989)

Cathy Beauchamp, Individually and as Mother and Natural Guardian of Celeste Wallace, an Infant, Appellant, v. Riverbay Corporation et al., Respondents. (Action No. 1.) Cathy Beauchamp, Individually and as Mother and Natural Guardian of Celeste Wallace, an Infant, Appellant, v. Sil-Mil Corporation, Respondent. (Action No. 2.)

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

December 7, 1989

In this personal injury action involving a purportedly defective washing machine, plaintiffs appeal from the order which denied amendment of the caption to name Sil-Mil Corporation as a separate entity. After the court denied the amendment, plaintiffs timely commenced a separate action against Sil-Mil Corporation and successfully moved to consolidate that action with the original proceeding. Since the change in circumstances resolved the matter and no controversy exists,...

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