Niagara Mohawk Power Corp. v. Freed

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting that part of plaintiff’s motion seeking a default judgment on liability against Contractor Clearing Company and in denying the cross motion of defendant Rick Boyd seeking to compel plaintiff to accept an answer on behalf of Contractor Clearing Company. Both the summons ánd the caption of the complaint list the individual defendants “individually, and doing business as Contractor Clearing Company.” In the complaint, plaintiff alleges that…