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MANOCCHIO v. WOHLFEIL

206 A.D.2d 908 (1994)

614 N.Y.S.2d 837

Mary Lou Manocchio et al., Appellants, v. Joyce Wohlfeil, Doing Business as Country Breads & More, Respondent

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

July 15, 1994

Order unanimously reversed on the law with costs, motion granted, cross motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in denying plaintiffs' motion to amend the summons and complaint to reflect that "COUNTRY BREADS & MORE, INC.," rather than "JOYCE WOHLFEIL D/B/A COUNTRY BREADS & MORE" is the proper defendant. Such an amendment should be granted, even after the Statute of Limitations has run, "where (1) there is evidence that...

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