Paskus, Gordon & Hyman v. Peck

This is a motion to dismiss the summons and vacate the service thereof on the ground that the summons does not contain the indorsement required by section 902 (subd. [a], par. [1]) of the New York City Civil Court Act.

Section 401 of said Act provides that the summons shall be in such form as may be provided by rule. Rule II (subd. [a]) of the rules of this court (then in effect) sets forth as an example a form of summons requiring the defendant to ‘1 appear * # # before the clerk” of the court within 10 days after the service of the summons “and to make answer to the complaint ”; and “ if you…