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 #: 1502814
NYSCEF DOC.
SUPREME NO.
COURT 9 COUNTY OF NIAGARA RECEIVED NYSCEF: 10/03/2016
Attorney: PH:
Address:
THOMAS AND CHER YL KAUSNER
Ca se 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 ERIE , SS.:
MONIQUE GEISING , being sworn says: AFFIDAVIT OF SERVICE
Deponent is not a party herein : is over the age of 18 years and resides in the State of New York.
On 9/22/2 016 , at 12:48 PM at: 521 EAST AVENUE, LOCKPORT, NY 14094 Deponent served the with in Notice of Commencement of Action
Subject to Mandatory Elect ro nic Filing/Summons and Complai nt
On: EASTERN NIAGARA HOSPITAL, INC, therein r.amed.
D #1 INDIVIDUAL
By delivering a true copy of each to said recipient person3l1y; Deponent knew the person so served to be the person described in as said recipient therein .
D #2 SUITABLE AGE PERSON
By de livering thereat a true copy of each to
(Chief Executive Officer - Authorized to Accept) a person of suita ble age and discretion. Said premises is
reciplent's.[] actual place of business / employment
[] 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
nactual place of business l employmeflt
[J dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat having called there
"You r deponent made inqu iry as to the Defendant's current place of employment from the Plaintiffs coun sel, who did not have such information; no
employment information was available from any neighbor or other person with knowledge , and no such information 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 "persona! 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 against the defendant.
181#5 Corporation or Partnership or Trust or LLC
By delivering thereat a true copy of each to CLARE HAAR personally . Deponent knew said corporation/partnersh ip/trusVLLC so served to be the
corporation/partnership/trustlLLC described 10 said arorcmentioned documcnt as said defendant and knew said individual to be Chief Executive Officer
- Authorized to Accept thereof.
!ill
#6 DESCRIPTION
Sex: Female Color of skin: White Color of hair: White Glasses: No
Age : 51 - 65 Yrs.Height: 5' 9" - 6' 0" Weight Over 200 Lbs. Other Features .
D #7 MILITARY SERVICE
I asked the person spoken to whetner 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 infOimation and the grounds of my belief are the conversation s an d observations above narrated .
D #8 WITNESS FEES
Subpoena Fee Tendered in the amount of
D #9 OTHER
Sworn to before me on 9/26/2016
E~~
NOTARY PUBLlC- STATE OF NEW YORK
NO. 01W06245058
QUALIFIED IN ERIE COUNTY
MY COMMISSION EXPiRES JULY 18, 2019
ESQlJIRE PROC£.~:l SERVICE
11
I:
[!]
LLC, P.O. Box 337,
.
.
' .
LACKAWANfVA, NY 142 18
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 #: 1502814 NYSCEF DOC. SUPREME NO. COURT 9 COUNTY OF NIAGARA RECEIVED NYSCEF: 10/03/2016 Attorney: PH: Address: THOMAS AND CHER YL KAUSNER Ca se 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 ERIE , SS.: MONIQUE GEISING , being sworn says: AFFIDAVIT OF SERVICE Deponent is not a party herein : is over the age of 18 years and resides in the State of New York. On 9/22/2 016 , at 12:48 PM at: 521 EAST AVENUE, LOCKPORT, NY 14094 Deponent served the with in Notice of Commencement of Action Subject to Mandatory Elect ro nic Filing/Summons and Complai nt On: EASTERN NIAGARA HOSPITAL, INC, therein r.amed. D #1 INDIVIDUAL By delivering a true copy of each to said recipient person3l1y; Deponent knew the person so served to be the person described in as said recipient therein . D #2 SUITABLE AGE PERSON By de livering thereat a true copy of each to (Chief Executive Officer - Authorized to Accept) a person of suita ble age and discretion. Said premises is reciplent's.[] actual place of business / employment [] 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 nactual place of business l employmeflt [J dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having called there "You r deponent made inqu iry as to the Defendant's current place of employment from the Plaintiffs coun sel, who did not have such information; no employment information was available from any neighbor or other person with knowledge , and no such information 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 "persona! 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 against the defendant. 181#5 Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to CLARE HAAR personally . Deponent knew said corporation/partnersh ip/trusVLLC so served to be the corporation/partnership/trustlLLC described 10 said arorcmentioned documcnt as said defendant and knew said individual to be Chief Executive Officer - Authorized to Accept thereof. !ill #6 DESCRIPTION Sex: Female Color of skin: White Color of hair: White Glasses: No Age : 51 - 65 Yrs.Height: 5' 9" - 6' 0" Weight Over 200 Lbs. Other Features . D #7 MILITARY SERVICE I asked the person spoken to whetner 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 infOimation and the grounds of my belief are the conversation s an d observations above narrated . D #8 WITNESS FEES Subpoena Fee Tendered in the amount of D #9 OTHER Sworn to before me on 9/26/2016 E~~ NOTARY PUBLlC- STATE OF NEW YORK NO. 01W06245058 QUALIFIED IN ERIE COUNTY MY COMMISSION EXPiRES JULY 18, 2019 ESQlJIRE PROC£.~:l SERVICE 11 I: [!] LLC, P.O. Box 337, . . ' . LACKAWANfVA, NY 142 18 1 of 1