Legal Question in Business Law in New York

Re: wrong company named in civil complaint

Since you know who she intended to sue your company should answer and raise the defense of improperly named defendant. The court will probably permit an amendment.

Re: wrong company named in civil complaint

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I generally agree with the previous answer. But you did not indicate whether it is a small claims case or a main Civil Court case. If small claims, the company can send a lawyer or even an officer or director of the company on the return date to explain itself (bring paperwork to support its position). If a main civil court case, you usually must have a lawyer prepare the proper papers and attend any court hearings.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900