The IAS court did not abuse its discretion in granting the motion to amend the summons and complaint pursuant to CPLR 305 (c). Notwithstanding the fact that the individual named as defendant, whose corporation performed the work for plaintiff's subrogor, had died long before the action was commenced, the corporation's attorneys responded to the action in the individual's name after service was made at the corporation's place of business. The corporation was thus well aware...
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