Opinion
2013-12-12
Steven Munro ELKMAN, Plaintiff–Respondent, v. Barry CORD, Defendant–Appellant.
Russ & Russ, P.C., Massapequa (Jay Edmond Russ of counsel), for appellant. Robert E. Michael & Associates, PLLC, New York (Robert E. Michael of counsel), for respondent.
Russ & Russ, P.C., Massapequa (Jay Edmond Russ of counsel), for appellant. Robert E. Michael & Associates, PLLC, New York (Robert E. Michael of counsel), for respondent.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered October 18, 2012, which, to the extent appealed from as limited by the briefs, denied defendant's cross motion to dismiss the action pursuant to CPLR 3211(a)(2), unanimously affirmed, with costs.
As the record shows that plaintiff timely filed a summons and complaint commencing the action, and paid the applicable filing fee, Supreme Court properly determined that the purported error in the method of the initial filing could be corrected or disregarded pursuant to CPLR 2001 ( see Goldenberg v. Westchester County Health Care Corp., 16 N.Y.3d 323, 921 N.Y.S.2d 619, 946 N.E.2d 717 [2011] ).
We have considered defendant's remaining contentions and find them unavailing. MAZZARELLI, J.P., SWEENY, DeGRASSE, MANZANET–DANIELS, FEINMAN, JJ., concur.