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DI STEFANO v. DI STEFANO

Supreme Court, Appellate Term, First Department
Nov 29, 1956
5 Misc. 2d 683 (N.Y. App. Term 1956)

Opinion

November 29, 1956

Appeal from the City Court of the City of New York, County of Bronx, JULIUS J. GANS, J.

John Finn and Samuel Schwartz for appellant.

No appearance for respondents.


The proposed amendment of the title in the summons, complaint, and other pleadings was merely to change the designation of the defendant Di Stefano from his representative capacity as executor to his individual capacity. Such an amendment does not bring in a new or different party and is, therefore, permissible notwithstanding that at the time of the amendment the period of limitation has already run. ( Boyd v. United States Mtge. Trust Co., 187 N.Y. 262; cf. Van der Stegen v. Neuss, Hesslein Co., 270 N.Y. 55.) It does not appear that the allowance of the amendment will prejudice the defendant Di Stefano. It was, therefore, error to deny leave to make the amendment.

The orders should be reversed, with $10 costs and disbursements, and motion returnable below on April 10, 1956 granted.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Orders reversed, etc.


Summaries of

DI STEFANO v. DI STEFANO

Supreme Court, Appellate Term, First Department
Nov 29, 1956
5 Misc. 2d 683 (N.Y. App. Term 1956)
Case details for

DI STEFANO v. DI STEFANO

Case Details

Full title:ARMAND DI STEFANO, Appellant, v. EDMOND DI STEFANO, as Executrix of…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 29, 1956

Citations

5 Misc. 2d 683 (N.Y. App. Term 1956)
158 N.Y.S.2d 821