CPLR § 1003 Nonjoinder and misjoinder of parties
Madison Physical Therapy, P.C. v 3311 Shore Parkway Realty Corp., 2010 NY Slip Op 09478 (App. Div., 2nd 2010)
The Supreme Court properly determined that since the record was devoid of evidence as to when Landmark's answer was served, it could not conclude that the amended complaint was filed untimely (see CPLR 1003).
In addition, the Supreme Court providently exercised its discretion in granting the plaintiff's cross motion for leave to amend the caption, in effect, to correct a misnomer in all papers filed in this action to properly name Shore Parkway as 3311 Shore Parkway Realty Corp. nunc pro tunc (see Aurora Loan Servs., LLC, v Thomas, 70 AD3d 986, 987).
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