General
Monica L. Texido, Individually and as Administrator of the Estate of Vincent A. Weiser, Deceased, Appellant, v. Waters of Orchard Park et al., Defendants, and Park Associates, Inc., et al., Respondents
300 A.D.2d 1150755 N.Y.S.2d 348·New York Supreme Court, Appellate Division·2002·NY
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Opinion
Monica L. Texido, Individually and as Administrator of the Estate of Vincent A. Weiser, Deceased, Appellant, v Waters of Orchard Park et al., Defendants, and Park Associates, Inc., et al., Respondents.
[755 NYS2d 348]
[MAJORITY]
—Motion to vacate dismissal granted on condition that appeal perfected on or before January 3, 2003. Memorandum: In the absence of any indication that defendants were misled or prejudiced, the notice of appeal is deemed amended to correct the name of appellant (see Waters of White Lake v Fricke, 276 App Div 628, 628-629). Present — Hayes, J.P., Wisner, Hurlbutt, Scudder and Lawton, JJ. (Filed Dec. 5, 2002.)