TELLEZ v. SARANDA REALTY

CPLR 205 (a) is a remedial statute and where a defendant is given timely notice of the nature of the claim in a prior action brought by the wrongly named party, the benefit of that statute will be applied unless the prior action was dismissed for the reasons specifically stated in CPLR 205 (a) (see, Carrick v Central Gen. Hosp., 51 N.Y.2d 242).

Concur — Rosenberger, J.P., Ellerin, Ross and Asch, JJ.