Opinion
11580 Index 158933/17
05-28-2020
Juan RIVERA, Plaintiff–Appellant, v. NEW YORK CITY DEPARTMENT OF SANITATION, et al., Defendants–Respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Renwick, J.P., Richter, Manzanet–Daniels, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Lyle E. Frank, J.), entered March 7, 2019, which granted defendant New York City Department of Sanitation's motion to dismiss the complaint and denied plaintiff's cross motion pursuant to CPLR 3025 to amend the complaint, unanimously reversed, on the facts, without costs, the motion denied and the cross motion granted.
The summons and complaint were served on Corporation Counsel for the City of New York, which answered on behalf of the City of New York. Defendant's motion to dismiss the complaint should have been denied and plaintiff's cross motion to amend the summons and complaint to correct the misnomer granted. The City was not prejudiced by the mis-description and was on notice that plaintiff intended to seek a judgment against it (see CPLR 305[c] ; 2001; Medina v. City of New York, 167 A.D.2d 268, 561 N.Y.S.2d 768 [1st Dept. 1990] ).