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CASTRO v. WOOLWORTH CORPORATION

298 A.D.2d 216 (2002)

748 N.Y.S.2d 368

NORA CASTRO et al., Respondents, v. WOOLWORTH CORPORATION, Appellant.

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

Decided October 15, 2002.

The cross motion to amend the caption, made after the statute of limitations had run, was properly granted upon a showing that FW, the operator of the store where plaintiff fell and a wholly owned subsidiary of the named defendant, Woolworth, was served at its store with the original process misnaming Woolworth, knew or should have known by reason of that process that it was the intended subject of the lawsuit and otherwise was...

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