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RIVERA v. THE BEER GARDEN, INC.

51 A.D.3d 479 (2008)

857 N.Y.S.2d 557

FELIX RIVERA, Respondent, v. THE BEER GARDEN, INC., Doing Business as THE ROXY, Appellant.

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

Decided May 8, 2008.

Plaintiff was injured in August 2002 at a nightclub popularly known as the Roxy. The summons and complaint were filed in May 2005, within the applicable three-year statute of limitations for personal injury, but misnamed the Roxy Roller Rink, Inc. as the defendant. Alerted to its mistake, in September 2005 plaintiff effected service of the original summons and a supplemental summons and amended complaint on defendant.

We reject Beer Garden's argument that the action...

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