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JCD FARMS, INC. v. JUUL-NIELSEN

300 A.D.2d 446 (2002)

751 N.Y.S.2d 421

JCD FARMS, INC., Respondent, v. CARL E. JUUL-NIELSEN et al., Appellants.

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

Decided December 16, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the plaintiff's motion which was to substitute JCD Farms, Inc., as the party plaintiff in this action, in the place of the original plaintiff, James Kirvin III (see CPLR 1003, 3025 [b]). "`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...

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