ICD GROUP INTERNATIONAL LIMITED v. ACHIDOV

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Supreme Court, Appellate Division, First Department, New York.

ICD GROUP INTERNATIONAL LIMITED, Plaintiff-Respondent, v. Chaim ACHIDOV, et al., Defendants-Appellants.

Decided: June 26, 2001

SULLIVAN, P.J., ELLERIN, WALLACH, RUBIN and BUCKLEY, JJ. Arnold J. Ross, for Plaintiff-Respondent. Michael S. Cole, for Defendants-Appellants.

Order, Supreme Court, New York County (Charles Ramos, J.), entered February 15, 2001, which, inter alia, granted plaintiff's cross motion to amend the caption to include Petroplast Corporation as a named defendant, unanimously affirmed, with costs.

 Plaintiff was properly permitted to amend the caption to reflect the true name of the defendant originally named as “John Doe”, since that defendant was fairly apprised that it was the party the action was intended to affect, and since it was not prejudiced by the amendment (see, CPLR 1024;  Flannery v. Gen. Motors Corp., 214 A.D.2d 497, 625 N.Y.S.2d 556, affd. 86 N.Y.2d 771, 631 N.Y.S.2d 135, 655 N.E.2d 176).   By opposing plaintiff ICD's summary judgment motion in its own name, without raising any jurisdictional objection until its present post-judgment motion, defendant Petroplast must be deemed to have submitted to the court's jurisdiction and to have waived any objection that the court was without personal jurisdiction over it (see, Feola v. Moore McCormack Lines, Inc., 173 A.D.2d 256, 569 N.Y.S.2d 653).

We have considered defendants' remaining contentions and find them unavailing.