Lansco Corp. v. Kampeas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*422The record establishes that plaintiff misnamed the corporate signatory to the parties’ agreement, and that there was no wrongful conduct by the individual defendant. Accordingly, the IAS court should have granted defendants’ motion to dismiss to the extent of dismissing this action against the individual defendant (cf. Imero Fiorentino Assoc. v Green, 85 AD2d 419, 420-421 [1982]), and amending the caption and complaint to substitute as the correctly named corporate defendant Senkam Inc., which has consented to such substitution (see generally Le Sannom Bldg. Corp. v Lassen, 173 AD2d 249,…
2Cases cited4 opinions
- Imero Fiorentino Associates, Inc. v. GreenAppellate Division of the Supreme Court of the State of New York · 1982
- Chemical Bank v. WassermanNew York Court of Appeals · 1975
- Le Sannom Building Corp. v. LassenAppellate Division of the Supreme Court of the State of New York · 1991
- Ellison v. Island Def Jam Music GroupAppellate Division of the Supreme Court of the State of New York · 2010
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