Opinion
March 25, 1993
Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).
Plaintiffs' cross motion to amend the caption so as to reflect the true name of defendant, to wit Francesco Monti, should have been granted, there being evidence that he was properly served and suffered no prejudice as a result of the misnomer (CPLR 305 [c]; Ober v. Rye Town Hilton, 159 A.D.2d 16, 21). The cross motion should also have been granted to dismiss defendants' affirmative defense of lack of jurisdiction, there being sufficient evidence in the record to establish that both defendants were properly served.
Concerning venue, defendant Norstar, the owner of the allegedly negligent vehicle, submitted documentation from the New York State Banking Department demonstrating that its principal place of business was in Nassau County at the time of the accident, and in Suffolk County at the time the action was commenced. Because defendant Norstar must be deemed a corporation under Banking Law § 2 (1) and (10) plaintiffs' designation of New York County as the place of trial was improper (CPLR 503 [c]; 510 [1]).
We have considered plaintiffs' other arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Ross, Kassal and Rubin, JJ.