The plaintiff brought a motion to substitute the name of an individual defendant, claiming misnomer, and to amend its statement of claim to add new causes of action.
The individual defendant brought a cross-motion for summary judgment dismissing the action against him personally.
The court dismissed the plaintiff's motion, finding that the intended defendant could not have reasonably known he was the target of the litigation, and that the proposed amendments were statute-barred.
The court granted the defendant's summary judgment motion, finding no evidence to pierce the corporate veil or establish personal liability.