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VANDERMALLIE v. LIEBECK

225 A.D.2d 1069 (1996)

639 N.Y.S.2d 208

David Vandermallie, Respondent, v. Leo Liebeck et al., Appellants

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

March 8, 1996

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improvidently exercised its discretion in granting plaintiff's motion for leave to serve an amended summons and complaint pursuant to CPLR 305 (c) and 3025. CPLR 305 (c) authorizes amendment of the caption of the pleadings to reflect the correct name of an existing defendant, not to add a new defendant (see, Potamianos v Convenient Food Mart,

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