A Los Angeles man whose great-grandfather immigrated to the US from Italy has sued a Boston relative over what to call the patriarch on a memorial plaque.
In his lawsuit, filed today in Suffolk Superior Court, Dean Di Simone says his Boston cousin had agreed to create "an elaborate memorial plaque" honoring their ancestor and to ship it to LA by Dec. 15.
But, Di Simone alleges, he and his relative - the immigrant's great-great-grandson - had a falling out over what to call the man. Di Simone wanted him memorialized as Donato De Simone, but the relative is insisting his name is really Anthony Di Simone and should be inscribed like that. And so, no plaque and now the name beef will wind up before a Boston judge, who will have to rule on Di Simone's request that the Boston relative not only be ordered to produce the plaque but to list their ancestor's name as Donato De Simone.
In his complaint, filed by Boston law firm Grolman LLP, Di Simone avers:
Plaintiff's great grandfather was named Donato De Simone. In various vital records, he alternately called himself Anthony Di Simone, Sr.; Tony Di Simone; Anthony Di Simone; Donatum De Simone; and Anthony J. DiSimone. In the Italian language, Anthony or Tony is a common alternate of Donato. In some renderings, there was a space between "De" and "Simone" and others not. These variations were due to the unfamiliarity of vital records officials who were tasked with recording names.
Defendant complains that his great-great grandfather's name should be rendered as Anthony Di Simone.
Defendant is incorrect in that the Plaintiff's great-grandfather's name must be rendered as Donato De Simone.
Defendant's failure to provide the Plaque to Plaintiff on or before December 15, 2022 constitutes a breach of contract.
Plaintiff has been damaged as a result, and Plaintiff's remedy at law is neither adequate nor complete.