HOUGHTALEN v. NORSTAR BANK


191 A.D.2d 371 (1993)

595 N.Y.S.2d 408

Richard P. Houghtalen, Jr., et al., Appellants, v. Norstar Bank et al., Respondents

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

March 25, 1993


Plaintiffs' cross motion to amend the caption so as to reflect the true name of defendant, to wit Francesco Monti, should have been granted, there being evidence that he was properly served and suffered no prejudice as a result of the misnomer (CPLR 305 [c]; Ober v Rye Town Hilton, 159 A.D.2d 16, 21). The cross motion should also have been granted to dismiss defendants' affirmative defense of lack of jurisdiction, there being sufficient...

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