2013 New York Consolidated Laws
GAS - General Associations
Article 2 - (3 - 11) JOINT-STOCK ASSOCIATIONS
11 - Misnomer of party not available.

 
    §  11.   Misnomer of party not available.  Where an action, authorized
  by a law of the state, is  brought  against  one  or  more  persons,  as
  stockholders  of  a  joint-stock association, an objection to any of the
  proceedings cannot be taken, by a person properly made  a  defendant  in
  the  action,  on the ground that the plaintiff has joined with him, as a
  defendant in the action, a person, whose name appears on the stock-books
  of the association, as a stockholder thereof, by the name so  appearing;
  but who is misnamed, or dead, or is not liable for any cause.  In such a
  case,  the  court may, at any time before final judgment, upon motion of
  either party, amend the pleadings and other papers, without prejudice to
  the previous proceedings, by substituting the true name  of  the  person
  intended,  or by striking out the name of the person who is dead, or not
  liable, and, in a proper case, inserting the name of his  representative
  or successor.