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RIVERA v. NEW YORK CITY DEPT. OF SANITATION

11580. 158933/17.

183 A.D.3d 545 (2020)

122 N.Y.S.3d 890

2020 NY Slip Op 03085

Juan Rivera, Appellant, v. New York City Department of Sanitation et al., Respondents.

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

Decided May 28, 2020.

The summons and complaint were served on Corporation Counsel for the City of New York, which answered on behalf of the City of New York. Defendant's motion to dismiss the complaint should have been denied and plaintiff's cross motion to amend the summons and complaint to correct the misnomer granted. The City was not prejudiced by the mis-description and was on notice that plaintiff intended to seek a judgment against it (see...

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