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Foley v. Chase Manhattan Banking Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 448 (N.Y. App. Div. 1995)

Opinion

February 21, 1995

Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).


The IAS Court properly allowed plaintiff to amend the caption so as to substitute Chase Manhattan Bank, N.A. as party-defendant in place of Chase Manhattan Banking Corporation, also known as Chase Manhattan National Corporation, in view of the evidence, including an offer of settlement from Chase Manhattan Bank, N.A. and service of process upon an agent who was authorized to accept service on behalf of both entities, that Chase Manhattan Bank, N.A. was, or should have been, apprised of the pending action and the absence of any evidence that Chase Manhattan Bank, N.A. would otherwise be prejudiced by the amendment (CPLR 305 [c]; see, Simpson v. Kenston Warehousing Corp., 154 A.D.2d 526; Lunn v Holiday Corp., 167 A.D.2d 818, after remand 181 A.D.2d 1037).

Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.


Summaries of

Foley v. Chase Manhattan Banking Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 448 (N.Y. App. Div. 1995)
Case details for

Foley v. Chase Manhattan Banking Corp.

Case Details

Full title:JOHN FOLEY, Individually and as Executor of CATHERINE FOLEY, Deceased…

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

Date published: Feb 21, 1995

Citations

212 A.D.2d 448 (N.Y. App. Div. 1995)
622 N.Y.S.2d 725

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