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This entry was published on 2014-09-22
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SECTION 1814
Designation of defendant; amendment procedure
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 18
§ 1814. Designation of defendant; amendment procedure.

(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 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 small 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.