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HOOT GROUP, INC. v. CAPLAN

9 A.D.3d 448 (2004)

779 N.Y.S.2d 922

HOOT GROUP, INC., Respondent, v. DAVID R. CAPLAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 26, 2004.

Although the plaintiff properly commenced this action in the Supreme Court, Dutchess County, the summons and complaint incorrectly bore a "County Court, Dutchess County" caption.

Under the circumstances of this case, this ministerial error provides no basis for disturbing the judgment. "Defects, mistakes, and irregularities in pleadings are to be ignored by the court absent a showing of prejudice" (First Wis. Trust Co. v Hakimian, 237 A.D.2d...

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