GREENWICH INSURANCE COMPANY AS SUBROGEE OF VITAL EQUITIES, LLC, plf-ap, v. NEW AMSTERDAM ASSOCIATES def-res

11139-11140-11141. GREENWICH INSURANCE COMPANY AS SUBROGEE OF VITAL EQUITIES, LLC, plf-ap, v. NEW AMSTERDAM ASSOCIATES def-res — Gennet, Kallmann, Antin & Robinson, P.C., New York (Brian J. Bolan of counsel), for ap — Ryan & Conlon, LLP, New York (Elizabeth E. Malang of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered August 23, 2012, which denied plaintiff’s motion to amend the complaint to substitute the name of the subrogor Vital Equities, LLC with the name Vintage Realty LLC, unanimously reversed, on the law, without costs, the motion granted, and Vintage Realty LLC substituted as subrogor. Order, same court and Justice, entered November 8, 2012, which, to the extent appealable, granted defendant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion to dismiss the complaint denied. Appeal from order, same court and Justice, entered April 18, 2013, which denied plaintiff’s motion denominated as one to renew and reargue the November 8, 2012 order, unanimously dismissed, without costs, as academic.

Plaintiff subrogee’s failure to name the correct subrogor “is not fatal” to its claim since the subrogee is the real party in interest, it timely instituted this action after it paid the fire damage claims for the loss incurred at the premises, and there is no prejudice to defendants (Continental Ins. Co. v. Marx Co., 220 AD2d 343, 344 [1995]). Consequently, pursuant to the courts’ power to correct errors (CPLR 2001), plaintiff’s motion should have been granted.