To clarify - should the new party's name be added directly on the cover/title page, or is it left as it is but moves to add the new party in the content of the amendment?
This is in NY state, civil court. This would be an amendment by right.
And a couple of additional questions: 1. While there is a motion to dismiss pending, does there need to be a separate response to the motion or would the amendment itself suffice? 2. Can the amendment be made without having served the additional defendant? and if not, since service may take much longer, how should the court be notified so that the right to amend as a matter of course is not relinquished?