Sperry Rand Corp. v. Pyramid Crane Co.

Plaintiff moves for an order directing that the summons in the above-entitled action be amended, changing the name of the defendant from Pyramid Crane Co. to Pyramid Cranes Co., Inc.

Action was commenced by the service of a summons only. The motion is occasioned by defendant’s refusal to make a general appearance. The defendant contends that the relief under section 105 of the Civil Practice Act would, in the circumstances here, result in a substitution of a new party not a party to the action, and not in the correction of a misnomer. However, the question is whether the defendant was fairly…