NEW YORK STATE THRUWAY AUTHORITY v. CBE CONTRACTING CORP.


280 A.D.2d 390 (2001)

721 N.Y.S.2d 328

NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. CBE CONTRACTING CORP., Appellant.

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

Decided February 20, 2001.


We reject defendant's contention that the amendment of the complaint substituting the New York State Thruway Authority as plaintiff for the State of New York violated defendant's right to due process, or was otherwise improper. "It is well settled that an amendment which would shift a claim from a party without standing to another party who could have asserted that claim in the first instance is proper since such an amendment, by its nature, does not result in surprise or...

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