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  5. 159 A.D.2d 16 (1990)
 

OBER v. RYE TOWN HILTON

159 A.D.2d 16 (1990)

Robert Ober et al., Appellants, v. Rye Town Hilton, Respondent, et al., Defendants

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

July 9, 1990

Attorney(s) appearing for the Case

Gallagher & Gosseen (Robert A. Faller, Michael J. Crowley and Jeanne M. Gonsalves Lloyd of counsel), for appellants.

Fried, Frank, Harris, Shriver & Jacobson (Marvin V. Ausubel, Dale M. Cendali and Jay J. Sangerman of counsel), for respondent.

MANGANO, J. P., THOMPSON and EIBER, JJ., concur.

BRACKEN, J.

Resolution of this appeal hinges on observance of the fundamental distinction between an order which permits a plaintiff to add a new defendant to a pending action (CPLR 305 [a]; 1003), and an order which permits a plaintiff to amend the pleadings so as to change the designation of an existing defendant (CPLR 305 [c]). In holding that the plaintiffs...

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