The Curious Case of a Contractor's Mistaken Identity
We recently obtained a pre-answer voluntary discontinuance of a personal injury lawsuit against a general contractor client mistakenly named as a defendant although it had no involvement in the project at issue. A former superintendent/employee of our client subsequently was employed by a new employer which plaintiff alleged also was the general contractor for the project. However, the superintendent's registration with NYC DOB continued to identify our client as the general contractor associated with the superintendent's registration even after he left working for our client. Plaintiff agreed to dismiss the case against our client following review of an affidavit executed by the superintendent, and an updated superintendent registration filed with DOB, demonstrating that our client was not a proper party.