MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, the amended complaint is reinstated, the cross motion is granted in part and the caption is amended in accordance with the following Memorandum: Supreme Court erred in granting defendants' motion to dismiss the amended complaint pursuant to CPLR 3211(a)(3) and in denying that part of plaintiff's cross motion seeking to amend the caption of the summons and amended complaint to designate plaintiff as "125 Old Orchard, Inc., d/b/a Cutting Edge," its correct corporate name. "Mistakes relating to the name of a party involving a misnomer or misdescription of the legal status of a party surely fall within the category of those irregularities which are subject to correction by amendment, particularly when the other party is not prejudiced and should have been well aware from the outset that a misdescription was involved" ( Covino v. Alside Aluminum Supply Co., 42 A.D.2d 77, 80; see A.A. Sutain, Ltd. v. Montgomery Ward Co., 22 A.D.2d 607, 608-609, affd 17 N.Y.2d 776; Homemakers, Inc. of Long Is. v. Williams, 100 A.D.2d 505, 507).