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STRAUTMANIS v. GMDC TWO CORP.

Index No. 158429/20. Appeal No. 15914. Case No. 2021-03768.

205 A.D.3d 495 (2022)

165 N.Y.S.3d 842

2022 NY Slip Op 03092

Irja Strautmanis, Respondent, v. GMDC Two Corporation et al., Defendants, and Philip Cheung, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( Sean R. Hutchinson of counsel), for appellant.

Thompson Hine LLP, New York ( Richard A. De Palma of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

The court correctly denied Cheung's motion to dismiss the complaint as against him where plaintiff made diligent efforts to ascertain Cheung's identity prior to filing her complaint, and the complaint adequately described Cheung to apprise him that he was the intended defendant (see CPLR 1024; Tucker v Lorieo, 291 A.D.2d 261 [1st Dept 2002]; Goldberg v Boatmax://, Inc., 41 A.D.3d 255

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