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.