On September 12, 2016 a
Proof of Service
was filed
involving a dispute between
Cheryl Kausner,
Thomas Kausner,
and
Andrew Cappuccino M.D.,
Buffalo Spine Surgery, Pllc,
Eastern Niagara Hospital, Inc.,
Eastern Niagara Radiology And Nuclear Medicine Associates Pc,
Eric Dean Rpa-C,
Harnath B. Clerk M.D.,
Harnath B. Clerk, M.D., P.C.,
Robert E. Lutnick M.D.,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Niagara County.
Preview
FILED: NIAGARA COUNTY CLERK 10/03/2016 10:52 AM INDEX NO. E159518/2016
STATE OF NEW YORK Job #: 1502809
NYSCEF DOC.
SUPREME NO. 4
CO URT COUNTY OF NIAGARA RECEIVED NYSCEF: 10/03/2016
Attorney: PH:
Address ·
THOMAS AND CHER','L KAUSNER
Case Number: E159518/2016
INDIVIDUALLY AND AS HUSBAND AND WIFE
vs Plaintiff Date Filed:
BUFFALO SPINE SURGERY, PLLC
ANDREW CAPPUCCiNO, MD ET AL Client's File No ,:
Court Date:
Defendant
STATE OF NEW YORK, COUNTY OF ERI E, SS.:
MONIQU E GEISING , being sworn says:
A FFIDAVIT OF SERVI CE
Deponent is not a party herein; is over the age of 18 years and resides in the State of New Yo rk,
On 9/22/2016 . at 12:20 PM at: 46 DAVISON COURT LOCKPORT, NY 14094Deponent served the within Notice of Commencement of Acti on
Subject to Mandatory Electronic Filing /Summons and Complaint
On: BUFFALO SPINE SURGERY, PLLC
D' #1 INDIVIDUAL
By delivering a true copy of each to said recipient personally; Deponent knew the pe rson so served to be the person described in as said reCipient therein .
D #2 SUITABLE AGE PERSON
By delivering thereat a true copy of each to
(RECEPTIONIST - AUTHORIZED TO ACCEPT) a person of suitable age and discretion. Sa id premises
n
IS recipient's :[] actual place of bUSiness I employm ent
dwelling house (usual place of abode) within the state.
D #3 AFFIXING TO DOOR
By affixing a true copy of each to the door of said premises which is defendants
11 actual place of business I employment
[J dwelling house (usu al place of abode) within tho? state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat haVing called there
"Your deponent made inqUiry as to the Defendant's current place of employment from the Plaintiffs counsel. who did not have such information; no
employment Information was avai lable from any neighbor or other person with knowledge, and no s:..lch inform ation is otherwise known to deponent"
D #4 MAILING
On , deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant' s last known (J Actual Place of
Residence [Xl Actual Place of Business , and deposited the envelope in an offiCial depository, personally or via agency, under the exclusive care
and custody of the U.S. Postal Service Within New York State. The envelope bore the legend "personal and confidential" and did not indicate on the
outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action aga inst the defenda nt.
181 #5 Corporation or Partnership o r Trust or LLC
By delivering thereat a true copy of each to CHRISITINE HELD personally. Deponent knew said corporation/partnership/trusULLC so served to be the
in said
corporation/partnersh ip/trusULLC described aforl!ml.!ntion~d
documt:nt 3Ssaid dc:fcndant and knew
Slid indh idual to be RECEPTIONIST -
AUTHORIZEO TO ACCEPT thereof.
IlIl#6 DESCRIPTION
Sex. Female Color of s kin: White Color of ha ir: Brown Glas ses : No
Age: 22·35 Yrs. Height: 5' 4"·5' 8" We ight: 131·160 Lbs. Other Featu res :
D #7 MILITARY SERVICE
1 asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever
and received a negative reply. The source of my information and the grounds of my belief are the conversations and observatIOns above narrated.
o #8 WITNESS FEES
Subpoena Fee Tendered in the amount of
D #9 OTHER
Sworn to before me on 9/26/2016
ELI~~
NOTARY PU~~~_L~~~TE\dF NEW YORK
NO, 01W06245058
QUALIFIED IN ERIE COUNTY
MY COMMISSION EXPIRES JULY 18, 2019
£SQ"IRE PROCE,,"' SERVICE LLC, P.O. lJox 337, L,.,(KAIY."',, ',\
NY /42/8
1 of 1
Document Filed Date
October 03, 2016
Case Filing Date
September 12, 2016
Category
Torts - Medical, Dental, or Podiatrist Malpractice
Status
Disposed-Court Date/Application Pending
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Preview
FILED: NIAGARA COUNTY CLERK 10/03/2016 10:52 AM INDEX NO. E159518/2016 STATE OF NEW YORK Job #: 1502809 NYSCEF DOC. SUPREME NO. 4 CO URT COUNTY OF NIAGARA RECEIVED NYSCEF: 10/03/2016 Attorney: PH: Address · THOMAS AND CHER','L KAUSNER Case Number: E159518/2016 INDIVIDUALLY AND AS HUSBAND AND WIFE vs Plaintiff Date Filed: BUFFALO SPINE SURGERY, PLLC ANDREW CAPPUCCiNO, MD ET AL Client's File No ,: Court Date: Defendant STATE OF NEW YORK, COUNTY OF ERI E, SS.: MONIQU E GEISING , being sworn says: A FFIDAVIT OF SERVI CE Deponent is not a party herein; is over the age of 18 years and resides in the State of New Yo rk, On 9/22/2016 . at 12:20 PM at: 46 DAVISON COURT LOCKPORT, NY 14094Deponent served the within Notice of Commencement of Acti on Subject to Mandatory Electronic Filing /Summons and Complaint On: BUFFALO SPINE SURGERY, PLLC D' #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the pe rson so served to be the person described in as said reCipient therein . D #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to (RECEPTIONIST - AUTHORIZED TO ACCEPT) a person of suitable age and discretion. Sa id premises n IS recipient's :[] actual place of bUSiness I employm ent dwelling house (usual place of abode) within the state. D #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants 11 actual place of business I employment [J dwelling house (usu al place of abode) within tho? state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat haVing called there "Your deponent made inqUiry as to the Defendant's current place of employment from the Plaintiffs counsel. who did not have such information; no employment Information was avai lable from any neighbor or other person with knowledge, and no s:..lch inform ation is otherwise known to deponent" D #4 MAILING On , deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant' s last known (J Actual Place of Residence [Xl Actual Place of Business , and deposited the envelope in an offiCial depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service Within New York State. The envelope bore the legend "personal and confidential" and did not indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action aga inst the defenda nt. 181 #5 Corporation or Partnership o r Trust or LLC By delivering thereat a true copy of each to CHRISITINE HELD personally. Deponent knew said corporation/partnership/trusULLC so served to be the in said corporation/partnersh ip/trusULLC described aforl!ml.!ntion~d documt:nt 3Ssaid dc:fcndant and knew Slid indh idual to be RECEPTIONIST - AUTHORIZEO TO ACCEPT thereof. IlIl#6 DESCRIPTION Sex. Female Color of s kin: White Color of ha ir: Brown Glas ses : No Age: 22·35 Yrs. Height: 5' 4"·5' 8" We ight: 131·160 Lbs. Other Featu res : D #7 MILITARY SERVICE 1 asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observatIOns above narrated. o #8 WITNESS FEES Subpoena Fee Tendered in the amount of D #9 OTHER Sworn to before me on 9/26/2016 ELI~~ NOTARY PU~~~_L~~~TE\dF NEW YORK NO, 01W06245058 QUALIFIED IN ERIE COUNTY MY COMMISSION EXPIRES JULY 18, 2019 £SQ"IRE PROCE,,"' SERVICE LLC, P.O. lJox 337, L,.,(KAIY."',, ',\ NY /42/8 1 of 1