Germain v. Ramirez Food Corp.

Full title: WILNER GERMAIN, Plaintiff-Appellant, v. RAMIREZ FOOD CORP.…

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

Date published: Jan 27, 2006

2006 N.Y. Slip Op. 50094 (N.Y. App. Term 2006)

814 N.Y.S.2d 890

Opinion

570716/04.

Decided January 27, 2006.

Plaintiff appeals from a judgment of the Civil Court, New York County (Cynthia S. Kern, J.), entered May 27, 2004, after inquest, in favor of defendant dismissing the complaint.

Judgment (Cynthia S. Kern, J.), entered May 27, 2004, affirmed, with $25 costs.

PRESENT: Suarez, P.J., Davis, Gangel-Jacob, JJ.

PER CURIAM:

The endorsed complaint was properly dismissed since plaintiff sued the wrong party. The loan agreement sued upon concededly was with Christian Gonzalez, not with defendant Ramirez Food Corporation. We note that plaintiff sued the proper party (Gonzalez) in a prior action on a similar claim in which plaintiff obtained recovery ( see Germain v. Gonzalez, 2003 NY Slip Op 50603[U]).

This constitutes the decision and order of the court.

I concur.