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MARK PRONTI, PLAINTIFF-RESPONDENT, v. DAVID HOGAN, DEFENDANT-APPELLANT.

Order unanimously affirmed with costs.

Memorandum:

In the absence of any showing of confusion or prejudice to defendant, Supreme Court did not err in denying defendant's motion to strike the summons and complaint on the ground that they were not signed in accordance with the requirement set forth in 22 NYCRR 130-1.1a (a) ( see, CPLR 20 01; cf., Kovilic Constr. Co. v. Missbrenner, 106 F.3d 768, 772; Price v. United States Navy, 39 F.3d 1011, 1014-1015 ; United States v. Kasuboski, 834 F.2d 1345, 1348-1349). The purposes of the rule are furthered where, as here, the court exercises its discretion to permit plaintiff leave to file and serve a properly signed pleading.

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PRONTI v. HOGAN
(Dec 27, 2000)