Opinion
June 1, 1987
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed, with costs, and the caption is amended to substitute "Schindler Elevator Corporation" in place of "Haughton Elevator, a Division of Reliance Electric Company".
The summons, which denominated the defendant as "Haughton Elevator, division of Reliance Electric Company", was served upon Schindler Haughton Elevator Corporation, now Schindler Elevator Corporation, at its principal place of business. We find, under the circumstances herein, that service was effected upon the defendant under a misnomer. As the defendant was fairly apprised that it was the intended party defendant (see, Stuyvesant v Weil, 167 N.Y. 421, 425-426; Connor v Fish, 91 A.D.2d 744; Luce v Pierce Muffler Shops, 51 Misc.2d 256, affd 28 A.D.2d 826), jurisdiction was obtained over it and the motion to dismiss was properly denied. Mangano, J.P., Thompson, Kunzeman and Sullivan, JJ., concur.