Rivera v. Beer Garden, Inc.

Order, Supreme Court, New York County (Carol Edmead, J.), entered April 12, 2007, which denied defendant’s motion to dismiss the complaint as time-barred and granted plaintiffs cross motion to the extent of amending the caption and authorizing service of the amended summons and complaint nunc pro tunc, unanimously affirmed, without costs.

Plaintiff was injured in August 2002 at a nightclub popularly known as the Roxy. The summons and complaint were filed in May 2005, within the applicable three-year statute of limitations for personal injury, but misnamed the Roxy Roller Rink, Inc. as the…