McGee v. Bells Supermarket

Order unanimously affirmed without costs. Memorandum: The court properly granted summary judgment to defendants dismissing the complaint. The defendants named in the complaint were not the owners or operators of *976the food market in which plaintiff slipped and fell. The owner and operator of the food market was Peter J. Schmitt Co. Plaintiff contends that the misnomer of the defendants is a defect that the court can overlook, but the court cannot overlook a misnomer of a party defendant where the court has not obtained jurisdiction over the intended but misnamed defendant (see, Simpson v…