58 Misc. 2d 502 | N.Y. Sup. Ct. | 1968
Plaintiff commenced an action against the defendant to recover damages for personal injuries sustained in a fall in a parking lot located at the rear of an apartment building owned by the defendant in the Village of Scotia, New York. The complaint alleges that the defendant was the lessee of the parking area. Defendant’s answer consisted of a general denial of all allegations in the complaint. At the examination before trial defendant testified that he was in fact the owner of the apartment building where plaintiff resided but that the parking lot was owned by the G. E. VanVorst Company, Incorporated. Defendant further testified that he was the president of the said corporation and that whoever rented an apartment in his apartment building had the privilege of using the parking lot which was maintained by the VanVorst Company. Plaintiff now moves for permission to serve an amended complaint adding G. E. VanVorst Company, Incorporated, as a party defendant in this action.
In the instant case, plaintiff seeks permission to serve an amended complaint adding another party defendant. At first glance this would appear to create a problem of jurisdiction over the new party. Testimony of the individual defendant Millard at the examination before trial, however, developed the fact that he is the president of the corporation which plaintiff now seeks to add as a party defendant. In addition to this relationship between the individual defendant and the proposed corporate defendant, the testimony of Millard indicated that plaintiff had rented an apartment from Millard as an incident of said rental agreement plaintiff was given permission by Millard to use a parking area adjacent to the apartment building. The plaintiff was not informed that the parking area actually belonged to the proposed corporate defendant.
In view of the relationship between the individual defendant and the proposed corporate defendant, the court finds that the proposed corporate defendant was fairly apprised of the fact that it was intended to be affected by the proceedings. Plaintiff is permitted to serve an amended complaint adding Gf. E. Van Vorst Company, Incorporated, as a party defendant. The corporate defendant shall have 20 days from service of the amended complaint to answer or otherwise move with regard to the complaint.