Opinion
13041/2011
03-12-2012
Robinson Prasad, Plaintiff, v. Kone Inc. and DONALD P. AHERNE, Defendants.
For the Plaintiff: Law Offices of Alan M. Greenberg, PC, by Robert J. Menna, Esq. For the Defendants Kone Inc. and Donald P. Aherne: Ansa Assuncao, LLP, by Thomas O. O'Connor, Esq.
For the Plaintiff: Law Offices of Alan M. Greenberg, PC, by Robert J. Menna, Esq.
For the Defendants Kone Inc. and Donald P. Aherne: Ansa Assuncao, LLP, by Thomas O. O'Connor, Esq.
Charles J. Markey, J.
The following papers numbered were read on this motion:
Notices of Motion, Affirm., Exhibits, Affirmation in Opposition, and Affirmations in Reply
CHARLES J. MARKEY, J.:
As an initial matter, there is confusion among the parties on the proper caption of the case. According to the initial summons and verified complaint, the plaintiff brought the action against defendants "Donald Aheme, DL Peterson Trust and Kone Inc." According to the supplemental summons and amended complaint filed with the County Clerk , the plaintiff brought this action against "Kone Inc. and Donald P. Aherne."
In the present motion practice, the parties incorrectly use the caption of the initial summons. This is error. It is the caption of the properly filed supplemental summons that governs all subsequent motion practice and litigation. The supplemental summons governs, and the proper caption for any motion practice should match that of the supplemental summons, and not the initial summons. See, Pollack v Ayres Assocs., 14 Misc 3d 1213(A), 2006 WL 3873341, 2006 NY Slip Op. 52527(U) [Sup Ct Kings County 2006].
In the present motion by defendants Kone Inc. and Donald P. Aherne for further discovery, the motion is granted. Plaintiff shall provide the authorizations and supplemental response in full to the list of items (a), (b), and (c) of the last page of Mr. O'Connor's reply affirmation, dated February 14, 2012. The information shall be provided in full, with the HIPAA compliant and employment authorizations within 30 days following the service of a copy of this order containing the date stamp of the Clerk of Court and notice of entry.
The foregoing constitutes the decision, order, and opinion of the Court.
______________________________
Hon. Charles J. Markey
Justice, Supreme Court, Queens County
Dated: Long Island City, New York
March 12, 2012
Appearances of Counsel:
For the Plaintiff: Law Offices of Alan M. Greenberg, PC, by Robert J. Menna, Esq., 370 Lexington Avenue, New York, New York 10017
For the Defendants Kone Inc. and Donald P. Aherne: Ansa Assuncao, LLP, by Thomas O. O'Connor, Esq., 707 Westchester Ave., White Plains, New York 10017