Legal Opinion
Air Tite Manufacturing, Inc. v. Acropolis Associates
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1994No. Appeal No. 1PublishedCited by 10 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly ordered the caption to be amended to reflect that Acropolis Associates (Acropolis), a partnership, rather than Acropolis Associates, Inc., a corporation, was the proper party in this action. Amendments to the caption “are permitted where the correct party defendant has been served with process, but under a misnomer, and where the misnomer could not possibly have misled the defendant concerning who it was that the plaintiff was in fact seeking to sue” (Creative Cabinet Corp. v Future Visions Computer Store, 140 AD2d…
2Cases cited5 opinions
- Covino v. Alside Aluminum Supply Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Creative Cabinet Corp. of America, Inc. v. Future Visions Computer StoreAppellate Division of the Supreme Court of the State of New York · 1988
- Albilia v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Connor v. FishAppellate Division of the Supreme Court of the State of New York · 1982
- Kukulka v. Millard Fillmore Suburban HospitalAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by10 opinions
- Daly v. Metropolitan Life InsuranceNew York Supreme Court · 2004
- 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
- Manocchio v. WohlfeilAppellate Division of the Supreme Court of the State of New York · 1994
- Niagara Mohawk Power Corp. v. FreedAppellate Division of the Supreme Court of the State of New York · 2000
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