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Manhattan Plaza, Inc. v. Air Tech Industries

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1985
107 A.D.2d 578 (N.Y. App. Div. 1985)

Opinion

January 8, 1985

Appeal from the Supreme Court, New York County (Arthur E. Blyn, J.).


Although denominated a motion to correct a mistake and misnomer (CPLR 2001), in effect, it was a motion to substitute and add parties plaintiff. In substance, it was an attempt to avoid the operation of the Statute of Limitations and the effect of plaintiff's own gross laches (see Neggy Travel Serv. v. Sabena Belgian World Airlines, 56 A.D.2d 537). Hence, the motion should not have been granted.

Concur — Ross, J.P., Bloom, Fein and Kassal, JJ.


Summaries of

Manhattan Plaza, Inc. v. Air Tech Industries

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1985
107 A.D.2d 578 (N.Y. App. Div. 1985)
Case details for

Manhattan Plaza, Inc. v. Air Tech Industries

Case Details

Full title:MANHATTAN PLAZA, INC., Respondent, v. AIR TECH INDUSTRIES, INC.…

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

Date published: Jan 8, 1985

Citations

107 A.D.2d 578 (N.Y. App. Div. 1985)

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