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

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 AD2d 249; see CPLR 104, 2001, 2101 [f]; 3025 [c]; 3026). The defendant failed to demonstrate that he incurred any prejudice as a result of the incorrect caption on the summons and complaint. Indeed, he timely answered the complaint and opposed the motion for summary judgment. Moreover, both the plaintiff's motion papers and the affidavit which the defendant submitted in opposition thereto properly contained a "Supreme Court, Dutchess County" caption.

Since the defendant failed to lay bare and reveal his proof, as it was incumbent upon him to do in opposition to the plaintiffs establishment of its entitlement to summary judgment, the Supreme Court properly granted summary judgment to the plaintiff ( see Nel Taxi Corp. v. Eppinger, 203 AD2d 438).

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HOOT GROUP, INC. v. CAPLAN
(Jul 26, 2004)