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RELIANCE INSURANCE COMPANY OF NEW YORK v. INFORMATION DISPLAY TECHNOLOGY, INC.

2 A.D.3d 701 (2003)

769 N.Y.S.2d 593

RELIANCE INSURANCE COMPANY OF NEW YORK, Respondent, v. INFORMATION DISPLAY TECHNOLOGY, INC., et al., Defendants and Third-Party Plaintiffs-Appellants, and READING COMPANY, Intervenor-Respondent. PIERCE & STEVENS et al., Third-Party Defendants-Appellants.

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

December 22, 2003.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in granting the motion of Reading Company for leave to intervene and to be substituted as the plaintiff in this action. It is undisputed that this action was commenced by the wrong party; the correct plaintiff is the named plaintiff's parent corporation. The named plaintiff's parent corporation...

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