Legal Opinion
Wagenknecht v. Lo Russo
New York Supreme Court
Decided September 27, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeffrey G. Stark, J.
In 1978, CPLR 305 (subd [b]) was amended to require that every summons served without a complaint must contain a “notice stating the nature of the action and the relief sought”. The issue of first impression here presented is whether a plaintiff can avoid dismissal of his summons (and a possible bar on refiling due to the expiration of the limitation period) where he has attempted to describe on his summons the “nature of the action” but has utterly failed in so doing. While there is logic to the argument that service of a summons containing a defective…
2Cases cited11 opinions
- Premo v. CornellAppellate Division of the Supreme Court of the State of New York · 1979
- Arden v. Loew's Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Bal v. Court Employment Project, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Ciaschi v. Town of EnfieldAppellate Division of the Supreme Court of the State of New York · 1982
- McDermott v. HoenigAppellate Division of the Supreme Court of the State of New York · 1969
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3Cited by4 opinions
- Rowell v. Gould, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Scaringi v. Elizabeth Broome Realty Corp.New York Supreme Court · 1991
- Hollander v. LenskyNew York Supreme Court · 1984
- Parker v. MackNew York Court of Appeals · 1984