Legal Opinion
Andrulis v. Fox
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2001No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motions of defendants Judith Knight and Justin Knight and defendant Courtney L. Fox to dismiss the action based upon plaintiffs alleged failure to comply with CPLR 305 (b) by sufficiently stating the nature of the action in the summons. With respect to the summons served upon Fox, the notice required by the statute does not apply because the complaint was served with the summons (see, Everitt v Everitt, 4 NY2d 13, 17; 3A Carmody-Wait 2d, NY Prac § 24:73, at 539). With respect to the identical summons served…
2Cases cited3 opinions
- Everitt v. EverittNew York Court of Appeals · 1958
- Bullis v. American Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Darrow v. KrzysAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- Grace v. Bay Crane Service of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- New York State Workers' Compensation Bd. v. Episcopal Church Home & Affiliates, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Solly v. Pioneer Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2023
- Andrulis v. FoxAppellate Division of the Supreme Court of the State of New York · 2001