
    Air Conditioning Training Corporation, Respondent, v. James Di Marzio, Appellant.
    Supreme Court, Appellate Term, First Department,
    January 8, 1948.
    
      F. J. Mercurio for appellant.
    
      Bernard J. Epstein for respondent.
   Per Curiam.

Memorandum It was a substitution of a new party to change the title from that of the individuals who brought the action allegedly as copartners under a trade name to that of a corporation of the same name. Defendant’s objection that tMs was not a correction but required the commencement of a new action should have been upheld particularly as the corporation was of Ohio and the individuals were residents of New York.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs, without prejudice to the plaintiff Ohio corporation instituting its action by way of service of summons.

Hammeb, Hofstadteb and Edeb, JJ., concur.

Judgment reversed, etc.  