BROWN v. 3392 BAR CORP.


2 A.D.3d 324 (2003)

768 N.Y.S.2d 609

EILEEN T. BROWN, Individually and as Administrator of the Estate of JOSEPH M. BROWN, Deceased, et al., Respondents, v. 3392 BAR CORP., Doing Business as FRENCHY'S BAR, et al., Appellants.

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

December 23, 2003.


Plaintiffs demonstrated that the claim asserted against the proposed corporate defendant arose out of the same conduct, transaction or occurrence as that asserted in the original complaint, and that their failure to name that corporate party in the original pleadings was attributable to a mistake in identifying the owner of the establishment. They also demonstrated that the corporate defendant was united in interest with the originally named defendant, Frenchy's Bar, which...

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