Section 1814-A. Designation of defendant; amendment procedure


Latest version.
  • (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.