Legal Opinion

Bal v. Court Employment Project, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 1980PublishedCited by 11 opinions

1Opinion of the Court

*70OPINION OF THE COURT

Fein, J.

This pro se action was commenced by service of a bare summons on January 4, 1979, three days before expiration of the Statute of Limitations. Defendant accepted the summons and served a notice of appearance and demand for a complaint, which was three months in coming. Defendant appeals the denial of its motion to dismiss for failure to serve a timely complaint.

CPLR 305 (subd [b]) now requires that a summons either be accompanied by a complaint or contain an endorsement on the summons as to the nature of the action and the relief sought, as well as the sum of money…

2Cases cited6 opinions

  1. Arden v. Loew's Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  2. McDermott v. HoenigAppellate Division of the Supreme Court of the State of New York · 1969
  3. A. J. Eckert Co. v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Limpert v. GarlandNew York Supreme Court · 1979
  5. Schoonmaker v. Ford Motor Co.New York Supreme Court · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Frerk v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  2. Aversano v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1980
  3. Byrne v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 1986
  4. Wagenknecht v. Lo RussoNew York Supreme Court · 1983
  5. Sibley v. Lake Anne Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1988

6 more not listed; retrieve them via the Exa API.

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