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RALPH FERRARA, INC. v. BERMUDA LIMOUSINE CO.

184 A.D.2d 301 (1992)

Ralph Ferrara, Inc., Respondent, v. Bermuda Limousine Company, Appellant

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

June 11, 1992

The court did not abuse its discretion in granting plaintiff leave to amend the caption nunc pro tunc by substituting the real parties in interest, who were actually served with the summons and complaint, for a party which existed only as a trade name (CPLR 305 [c]; Ober v Rye Town Hilton, 159 A.D.2d 16, 20).

Smith, J., dissents in part in a memorandum as follows:

The motion court properly concluded that...

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