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Tellez v. Saranda Realty

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1993
197 A.D.2d 439 (N.Y. App. Div. 1993)

Opinion

October 19, 1993

Appeal from the Supreme Court, New York County (Peter Tom, J.).


CPLR 205 (a) is a remedial statute and where a defendant is given timely notice of the nature of the claim in a prior action brought by the wrongly named party, the benefit of that statute will be applied unless the prior action was dismissed for the reasons specifically stated in CPLR 205 (a) (see, Carrick v Central Gen. Hosp., 51 N.Y.2d 242).

Concur — Rosenberger, J.P., Ellerin, Ross and Asch, JJ.


Summaries of

Tellez v. Saranda Realty

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1993
197 A.D.2d 439 (N.Y. App. Div. 1993)
Case details for

Tellez v. Saranda Realty

Case Details

Full title:MERCEDES TELLEZ, as Administratrix of the Estate of ISABEL GONZALEZ…

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

Date published: Oct 19, 1993

Citations

197 A.D.2d 439 (N.Y. App. Div. 1993)
602 N.Y.S.2d 608

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