Legal Opinion
Flannery v. General Motors Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 1995PublishedCited by 3 opinions
1Opinion of the Court
Order of the Supreme Court, New York County (Edward H. Lehner, J.), entered May 3, 1993, which denied defendant Truxmore, Inc.’s motion to dismiss the complaint against it, is reversed, on the law, and the motion granted, without costs or disbursements.
The Supreme Court would have properly granted the application of plaintiff to amend the summons and complaint to change the name of the defendant Truxmore Industries, Inc. to Truxmore, Inc. if jurisdiction had been obtained over the intended but misnamed defendant. At the traverse hearing, evidence was submitted which showed that Truxmore, Inc.…
2Cases cited6 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Flick v. Stewart-Warner Corp.New York Court of Appeals · 1990
- Lamarr v. KleinAppellate Division of the Supreme Court of the State of New York · 1970
- Stewart v. Volkswagen of America, Inc.New York Court of Appeals · 1993
- David v. FuchsAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by3 opinions
- New York City Housing Authority v. FountainCivil Court of the City of New York · 1997
- Breer v. Sears, Roebuck & Co.New York Supreme Court · 2000
- ICD Group International Ltd. v. AchidovAppellate Division of the Supreme Court of the State of New York · 2001