Schoonmaker v. Ford Motor Co.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
John T. Casey, J.
• The above-entitled action was commenced by the service of a bare summons containing a notice that the object of the action was "wrongful death, conscious pain and suffering and loss of services” and "the relief sought was monetary damages in the amount of $10,000,000.”
The notice in the summons does not comply with the 1978 amendment of CPLR 305 (subd [b]) requiring such notice to state the nature of the action and the relief demanded; and if a default occurred and judgment was entered thereon, that judgment would be jurisdictionally defective and subject…
2Cases cited1 opinion
- McDermott v. HoenigAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by4 opinions
- Bal v. Court Employment Project, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Nuez v. DiazNew York Supreme Court · 1979
- Schoonmaker v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Parker v. MackNew York Court of Appeals · 1984