Leardon v. Dart

This cross-motion is granted to the extent of amending the summons and the title of the action So as to name the defendants in their representative rather than their individual capacities. (Boyd v. United States Mortgage & Trust Co., 187 N. Y. 262.) Although in the case cited the court upheld an amendment which changed the capacity in which the defendant was sued from representative to individual, the reasoning of the court is equally applicable to an amendment effecting a converse result. Thus, the court cited with approval Massachusetts decisions “ where a writ against a defendant…