Elkman v Cord

Elkman v Cord 2013 NY Slip Op 08354 Decided on December 12, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2013
Mazzarelli, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Feinman, JJ.
11312 102291/12

[*1]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.

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 NY3d 323 [2011]).

We have considered defendant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 12, 2013

CLERK