Long Mfg. NC, Inc. v. Ames Supply Co.

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Genesee County for further proceedings in accordance with the following memorandum: This action was commenced to recover a balance due on an open account between a manufacturer and his dealer. The summons with notice was served upon defendants personally, and when they failed to appear a judgment was entered by the clerk upon submission of appropriate proof. Special Term vacated the judgment because the summons failed to state the object of the action (see Arden v Loew’s Hotels, 40 AD2d 894). The summons in this…