Abra Holding Corp. v. Jackson

In this action to foreclose a mortgage there are three motions before the court. One motion (the second one) is a motion by plaintiff to amend its complaint nunc pro tunc to include an allegation that plaintiff is a domestic corporation. Plaintiff claims that the complaint inadvertently omitted this allegation. Buie 93 of the Buies of Civil Practice provides that such an allegation must be included where the plaintiff is a corporation. However, an omission of this allegation is not ordinarily fatal to the pleading (Ochs v. Frey, 47 App. Div. 390), for such allegation is generally no part of…