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SMITH v. GARO ENTERS., INC.

60 A.D.3d 751 (2009)

875 N.Y.S.2d 167

KIRK SMITH, Appellant, v. GARO ENTERPRISES, INC., et al., Defendants. CAROL RADIN et al., Nonparty Respondents.

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

Decided March 10, 2009.

Ordered that the order is affirmed, with one bill of costs.

"Under CPLR 305 (c), an amendment to correct a misnomer will be permitted `if the court has acquired jurisdiction over the intended but misnamed defendant provided that . . . the intended but misnamed defendant was fairly apprised that [he] was the party the action was intended to affect . . . [and] would not be prejudiced' by allowing the amendment" (Holster...

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