AIR TITE MFG., INC. v. ACROPOLIS ASSOCS.


202 A.D.2d 1067 (1994)

612 N.Y.S.2d 706

Air Tite Manufacturing, Inc., Individually and as Assignee of Certain Accounts Receivable Owed to J & L Home Improvement Corp., Plaintiff, v. Acropolis Associates, Appellant. Apple Bank for Savings, Intervenor-Respondent. (Appeal No. 1.)

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

March 11, 1994


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly ordered the caption to be amended to reflect that Acropolis Associates (Acropolis), a partnership, rather than Acropolis Associates, Inc., a corporation, was the proper party in this action. Amendments to the caption "are permitted where the correct party defendant has been served with process, but under a misnomer, and where the misnomer could not possibly have misled the defendant...

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