Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, that branch of the cross motion which was to amend the caption is denied, and the complaint is dismissed.
The Supreme Court erred in permitting the plaintiff to amend the caption of this action to substitute Melmarkets, Inc., as the defendant in place of Twinco Services, Inc., a/k/a Twin County Grocers, Inc. (hereinafter Twinco). An amendment pursuant to CPLR 305 (c) to...
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