GOLDBERG v. BOATMAX://, INC.


41 A.D.3d 255 (2007)

840 N.Y.S.2d 570

ROBERT S. GOLDBERG, Appellant, v. BOATMAX://, INC., et al., Respondents.

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

Decided June 19, 2007.


Plaintiff did not prior to the running of the statutory period serve three of the four individuals he contends were properly designated as "John Doe," with copies of the summons and complaint, so jurisdiction was never obtained over those individuals. CPLR 1024 does not avail plaintiff as he now seeks to amend the caption to name the intended defendants, since he has not demonstrated that he conducted a diligent inquiry into the actual identities of the intended defendants...

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