2006 New York Code - Designation Of Defendant; Amendment Procedure.



 
    §  1814-A. Designation of defendant; amendment procedure.  (a) A party
  who is ignorant, in whole or in part, of the  true  name  of  a  person,
  partnership,  firm  or  corporation  which  may properly be made a party
  defendant, may proceed against such defendant in any name  used  by  the
  person,  partnership,  firm  or  corporation  in conducting business, as
  defined in subdivision (a) of section  eighteen  hundred  thirteen-A  of
  this article.
    (b)  If the true name of the defendant becomes known at any time prior
  to the hearing on the merits, such information shall be brought  to  the
  attention   of   the  clerk,  who  shall  immediately  amend  all  prior
  proceedings and papers. The clerk shall send an amended  notice  to  the
  defendant,  without payment of additional fees by the plaintiff, and all
  subsequent proceedings and papers shall be amended accordingly.
    (c) In every action in the commercial claims part, at the  hearing  on
  the merits, the judge or arbitrator shall determine the defendant's true
  name.  The clerk shall amend all prior proceedings and papers to conform
  to such determination, and all subsequent proceedings and  papers  shall
  be amended accordingly.
    (d)  A party against whom a judgment has been entered pursuant to this
  article, in any proceeding under section five thousand  fifteen  of  the
  civil  practice  law  and  rules  for  relief  from such judgment, shall
  disclose its true name; any and all names  in  which  it  is  conducting
  business;  and  any and all names in which it was conducting business at
  the time of the transaction or occurrence  on  which  such  judgment  is
  based.    All  subsequent  proceedings  and  papers  shall be amended to
  conform to such disclosure.

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