Legal Question in Civil Litigation in New York

Information Subpoena
We currently have small claims suit against an auto dealer that has 4 corporate entities at the same address and we have chosen an LLC as the entity to sue. 1) If the entity is not correct can the Judge change the name at the time of the hearing, 2) When serving an information subpoena can the defendant refuse to answer because of the name on the suit is not necessarily correct yet owned by the same individual and at the same address 3) Or would I have to file a new small claims suit in order to issue the subpoena before my first suit is heard by the judge.

Asked on 7/22/07, 1:13 pm

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

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Re: Information Subpoena

You should move to amend the caption if you know there is a mistake and if you know that the other side will admit service.

If they will not you may have to re-serve them/

Next time, serve all of them.

Good Luck

Answered on 7/22/07, 6:34 pm

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