FLANNERY v. GEN. MOTORS CORP.


214 A.D.2d 497 (1995)

625 N.Y.S.2d 556

Harold Flannery, Respondent, v. General Motors Corporation et al., Defendants, and Truxmore, Inc., Appellant. (And a Third-Party Action.)

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

April 27, 1995


The Supreme Court would have properly granted the application of plaintiff to amend the summons and complaint to change the name of the defendant Truxmore Industries, Inc. to Truxmore, Inc. if jurisdiction had been obtained over the intended but misnamed defendant. At the traverse hearing, evidence was submitted which showed that Truxmore, Inc. manufactured and sold the garbage truck which caused plaintiff's injuries. Further, Truxmore's former President testified that the...

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