Mattiazzi v. Hotel Belvedere Corp.

Defendants’ motion to dismiss on the ground that neither an indorsed nor a formal complaint was served with the summons and that therefore the court has no jurisdiction is denied. The summons in this action, which did not contain an indorsed complaint and which was served without a formal complaint, was served on the defendants by the Sheriff of the City of New York on April 14, 1966 and April 20, 1966. Such service was utilized in order to avoid the Statute of Limitations.

At the time of such service defendants and their attorney had full knowledge from the face of the summons that there was…