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NEW FOUNDATION, LLC v. ADEMI

2014-03624, Index No. 5911/10.

140 A.D.3d 1038 (2016)

35 N.Y.S.3d 362

2016 NY Slip Op 04922

NEW FOUNDATION, LLC, Respondent, v. VIKTOR ADEMI, Doing Business as YORK PLUMBING, et al., Defendants. AVDYL ADEMI, Doing Business as YORK PLUMBING, Nonparty Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 22, 2016.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

The plaintiff commenced this action against, among others, David Ademi, doing business as York Plumbing, to recover damages for breach of contract. Contending that David Ademi was a nonexistent person and an alias for Avdyl Ademi, the plaintiff moved, in effect, pursuant to CPLR 305(c) for leave to amend the caption to name Avdyl Ademi, doing business as York Plumbing...

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