Iannelli v. Leventhal

Judgment, Supreme Court, New York County, entered July 2, 1979, denying petitioner’s motion to amend the caption of the petition, and granting respondents’ cross motion to dismiss the petition, and dismissing the petition, is unanimously reversed, on the law, and in the exercise of discretion; petitioner’s motion to amend the caption so as to include the Department of Buildings (more properly the commissioner thereof) as an additional named respondent and to permit late service upon that respondent is granted; respondents’ cross motion to dismiss the petition for failure to join an essential…