- Court Allows Amendment of Complaint Even Though It Changes the Named Plaintiff and Adds New Causes of Action: Glaze Inc. v Coach Choice Apparel, Inc.
- March 1, 2011 | Author: Aaron E. Zerykier
- Law Firm: Farrell Fritz, P.C. - Uniondale Office
In a July 1, 2010 decision by Justice Sherwood, the Court granted plaintiff’s motion to amend the complaint to change the name of a party and to add additional allegations and also granted one of the defendants’ motions to dismiss. The original plaintiff in the action was a wholesaler of novelty items. The defendants were the purchaser of the items, a related entity and one the entities’ principals. Plaintiff alleged that the related entity guaranteed payment for goods shipped to the purchaser and the purchaser’s principal was personally liable for the transaction.
The defendants moved to dismiss on a number of grounds including CPLR 1003 for “misjoinder” of parties, namely the related entity and the principal. The plaintiff crossed moved to amend the complaint, including changing the name of the plaintiff to a commercial financial services corporation which was the successor in interest to the plaintiff, to add new allegations against the entities and change the nature of the cause of action against the principal.
The Court granted plaintiff’s motion finding that the defendants would not be prejudiced by the amendment, but also granted the individual defendant’s motion to dismiss because there were insufficient allegations to hold him liable for the corporate obligation.
Glaze Inc. v Coach Choice Apparel, Inc., et al., Sup Ct, New York County, July 1, 2010, Sherwodd, J, Index No. 100993/2009.