Legal Opinion

Day v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2008PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for legal malpractice, the defendant appeals from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated August 3, 2007, which denied that branch of his cross motion which was to dismiss the action for lack of jurisdiction pursuant to CFLR 3211 (a) (8).

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the summons with notice was not jurisdictionally defective merely because it omitted a specific dollar amount of money damages sought by the plaintiff (see Sherk v Sherk, 37 AD3d 1062, 1062-1063 [2007]).…

2Cases cited3 opinions

  1. European American Bank & Trust Co. v. SerotaAppellate Division of the Supreme Court of the State of New York · 1997
  2. Melton v. Brotman Foot Care GroupAppellate Division of the Supreme Court of the State of New York · 1993
  3. Sherk v. SherkAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. Tulino v. Hiller, P.C.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Rolling Acres Developers, LLC v. MontinatAppellate Division of the Supreme Court of the State of New York · 2018

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