Public Service Mutual Insurance v. Joyce

Order, Supreme Court, New York County (David B. Saxe, J.), entered October 2, 1991, which granted plaintiff’s motion to amend the summons and complaint to name "George E. Joyce, Inc.” rather than "George E. Joyce” as the sole defendant, unanimously affirmed, with costs.

The IAS court did not abuse its discretion in granting the motion to amend the summons and complaint pursuant to CPLR 305 (c). Notwithstanding the fact that the individual named as defendant, whose corporation performed the work for plaintiff’s subrogor, had died long before the action was commenced, the corporation’s attorneys…