Prasad v Kone Inc.

[*1] Prasad v Kone Inc. 2012 NY Slip Op 50513(U) Decided on March 12, 2012 Supreme Court, Queens County Markey, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 12, 2012
Supreme Court, Queens County

Robinson Prasad, Plaintiff,

against

Kone Inc. and DONALD P. AHERNE, Defendants.



13041/2011



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

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 [*2]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