Legal Opinion
Parker v. Mack
New York Court of Appeals
Decided February 21, 1984PublishedCited by 88 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
No action is commenced by the service of a summons alone which neither contains nor has attached to it a notice of the nature of the action and of the relief sought; accordingly, when such a summons is dismissed plaintiff may not *116avail himself of the six-month extension for commencement of a new action upon the same transaction or occurrence provided by CPLR 205 (subd [a]) following dismissal, on grounds other than voluntary discontinuance, dismissal for neglect to prosecute or a final judgment on the merits, of an action which has been timely commenced.
On October…
2Cases cited6 opinions
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- George v. Mt. Sinai HospitalNew York Court of Appeals · 1979
- Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984
- Smalley v. HutcheonNew York Court of Appeals · 1946
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3Cited by88 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
- DiFillippo v. Special Metals Corp.District Court, N.D. New York · 2014
- Hoke v. Motel 6 JacksonWyoming Supreme Court · 2006
83 more not listed; retrieve them via the Exa API.