MANHATTAN PLAZA, INC. v. AIR TECH INDUSTRIES

Although denominated a motion to correct a mistake and misnomer (CPLR 2001), in effect, it was a motion to substitute and add parties plaintiff. In substance, it was an attempt to avoid the operation of the Statute of Limitations and the effect of plaintiff's own gross laches (see Neggy Travel Serv. v. Sabena Belgian World Airlines, 56 A.D.2d 537). Hence, the motion should not have been granted.

Concur — Ross, J.P., Bloom, Fein and Kassal, JJ.