Legal Opinion
Fiorella v. Buffalo Park Lane Restaurant, Inc.
New York Supreme Court
Decided March 14, 1966PublishedCited by 5 opinions
1Opinion of the CourtMatthew J. Jasen, J.
Plaintiff moves to amend the summons and complaint, pursuant to "CPLR 3025, by changing the name of the defendant from Park Lane Restaurant, Inc., to Buffalo Park Lane Restaurant, Inc.
It is claimed by plaintiff that this is only an informal defect and cannot prejudice the defendant, that to refuse to permit the amendment would in fact prejudice the plaintiff as the Statute of Limitations has expired.
Defendant contends that the court lacks jurisdiction to permit the amendment of a corporate title where in fact a different or improper corporate title is set forth. This it .is argued would be a…
2Cases cited1 opinion
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
3Cited by5 opinions
- Pinto v. HouseAppellate Division of the Supreme Court of the State of New York · 1981
- Giordano v. Grand Prix Sales, Service, Restoration Co.New York Supreme Court · 1982
- Darby v. Compagnie National Air FranceDistrict Court, S.D. New York · 1990
- Victor Auto Parts, Inc. v. CuvaNew York Supreme Court · 1990
- Dominguez v. Cove Ships, Inc.New York Supreme Court · 1983