Legal Opinion
Manocchio v. Wohlfeil
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs, motion granted, cross motion denied and complaint reinstated. Memorandum: Supreme Court erred in denying plaintiffs’ motion to amend the summons and complaint to reflect that "country breads & more, inc.,” rather than "joyce wohlfeil d/b/a country breads & more” is the proper defendant. Such an amendment should be granted, even after the Statute of Limitations has run, "where (1) there is evidence that the correct defendant (misnamed in the original process) has in fact been properly served, and (2) the correct defendant would not be…
2Cases cited6 opinions
- Ober v. HiltonAppellate Division of the Supreme Court of the State of New York · 1990
- Simpson v. Kenston Warehousing Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Creative Cabinet Corp. of America, Inc. v. Future Visions Computer StoreAppellate Division of the Supreme Court of the State of New York · 1988
- Air Tite Manufacturing, Inc. v. Acropolis AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Medina v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fink v. Regent Hotel, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Balderman v. Capital City / American Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Hayes v. Apples & Bells, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Rivera v. Beer Garden, Inc.Appellate Division of the Supreme Court of the State of New York · 2008