REID v. NIAGARA MACH. & TOOL CO., INC.


170 A.D.2d 662 (1991)

Shirley Reid, Respondent, v. Niagara Machine & Tool Company, Inc., et al., Defendants, and American Allsafe Company, Appellant

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

February 25, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellant's motion is granted, the plaintiff's cross motion is denied, and the complaint is dismissed.

The complaint served by the plaintiff, wherein the defendant American Allsafe Company (hereinafter Allsafe) was referred to as John Doe Corporation No. 1 or 2, was insufficient to alert Allsafe to the fact that it was an intended defendant (cf., Tobin v St. Paul's Lutheran...

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