Mavruk v Melendez
Attorneys and Parties
Brief Summary
Personal injury—automobile accident; correction of a corporate misnomer to substitute the correct entity doing business as (d/b/a) a trade name.
Denied leave under CPLR 305(c) to amend the caption to substitute All State Fuel Oil Corp., d/b/a Jennings & Hartwell Fuel Oil, for Jennings & Hartwell Fuel Oil Corp.
The denial of the CPLR 305(c) motion to amend the caption.
Under New York CPLR 305(c) [authorizes the court to allow amendment of a summons or proof of service if a substantial right of the party served is not prejudiced], the record showed the correct defendant (All State Fuel Oil Corp.) was timely served at its service address, operated under the assumed name “Jennings & Hartwell Fuel Oil,” was fairly apprised it was the intended party, and would suffer no prejudice. Thus, amendment to correct the misnomer was warranted.
Background
In April 2017, the plaintiff was rear-ended by a van operated by Daniel Melendez. The van bore the name and business information of Jennings & Hartwell Fuel Oil Corp. The plaintiff sued Melendez, Sarah Bivens, and Jennings & Hartwell Fuel Oil Corp. Discovery showed Jennings & Hartwell had closed around 2009; Bivens bought the van with existing Jennings & Hartwell signage; Bivens was president/CEO of All State Fuel Oil Corp. (formed in 2008), which used the same business and service-of-process address and did business as (d/b/a) “Jennings & Hartwell Fuel Oil.” Bivens and Melendez testified Melendez operated the van with Bivens’s permission. The plaintiff moved to amend the caption under CPLR 305(c) to name All State Fuel Oil Corp., d/b/a Jennings & Hartwell Fuel Oil, instead of Jennings & Hartwell Fuel Oil Corp., submitting state records confirming All State’s assumed name.
Lower Court Decision
The Supreme Court, Queens County, denied the plaintiff’s CPLR 305(c) request to amend the caption to substitute All State Fuel Oil Corp., d/b/a Jennings & Hartwell Fuel Oil, for Jennings & Hartwell Fuel Oil Corp.
Appellate Division Reversal
Reversed, on the law and in the exercise of discretion, with costs. The Appellate Division held the plaintiff demonstrated a correctable misnomer: All State Fuel Oil Corp. operated under the assumed name “Jennings & Hartwell Fuel Oil,” was timely served at its service address, and the complaint’s allegations fairly apprised it that it was the intended defendant. There was no prejudice to All State. The court granted leave to amend the caption to name All State Fuel Oil Corp., d/b/a Jennings & Hartwell Fuel Oil, as a defendant instead of Jennings & Hartwell Fuel Oil Corp.
Legal Significance
Confirms that CPLR 305(c) permits correction of a corporate misnomer—particularly where the correct entity is doing business under the sued trade name, shares the service and business address, received timely service, and had notice—without adding a new party and absent prejudice.
When a plaintiff misnames a corporate defendant but serves the correct entity and that entity is fairly apprised it is the intended target (e.g., due to d/b/a use and shared addresses), courts will allow a CPLR 305(c) amendment to correct the caption, provided no substantial right is prejudiced.