N.Y. General Associations Law § 11: Misnomer of party not available

§ 11. Misnomer of party not available. Where an action, authorized

by a law of the state, is brought against one or more persons, as

stockholders of a joint-stock association, an objection to any of the

proceedings cannot be taken, by a person properly made a defendant in

the action, on the ground that the plaintiff has joined with him, as a

defendant in the action, a person, whose name appears on the stock-books

of the association, as a stockholder thereof, by the name so appearing;

but who is misnamed, or dead, or is not liable for any cause. In such a

case, the court may, at any time before final judgment, upon motion of

either party, amend the pleadings and other papers, without prejudice to

the previous proceedings, by substituting the true name of the person

intended, or by striking out the name of the person who is dead, or not

liable, and, in a proper case, inserting the name of his representative

or successor.