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Charlton v. General Foods, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 27, 1976
52 A.D.2d 829 (N.Y. App. Div. 1976)

Opinion

May 27, 1976


Resettled order, Supreme Court, New York County, entered June 5, 1974, which denied the motion of defendant-appellant General Foods, Inc., to dismiss the amended complaint, and granted plaintiff's cross motion to amend the summons to name General Foods Corporation in lieu of General Foods, Inc., in the caption thereof, unanimously affirmed, without costs and without disbursements. It is obvious that the plaintiffs always intended to sue General Foods Corporation, their employer, and only inadvertently named General Foods, Inc., in the caption of the summons. The amended complaint itself makes this clear, and the actual defendant was never misled nor prejudiced by the fact that its subsidiary, General Foods, Inc., was by mistake named in the caption.

Concur — Kupferman, J.P., Lupiano, Silverman, Lane and Lynch, JJ.


Summaries of

Charlton v. General Foods, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 27, 1976
52 A.D.2d 829 (N.Y. App. Div. 1976)
Case details for

Charlton v. General Foods, Inc.

Case Details

Full title:FRANCIS J. CHARLTON et al., Respondents, v. GENERAL FOODS, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 1976

Citations

52 A.D.2d 829 (N.Y. App. Div. 1976)

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