Markson v. Courtney

Appeal from an order of the Supreme Court (Viscardi, J.), entered March 2, 1989 in Saratoga County, which, inter alia, granted defendant’s motion to vacate a default judgment entered against him.

Defendant extracted plaintiff’s lower right molar under general anesthesia on February 11, 1987 at his dental office in the Town of Riverhead, Suffolk County. On September 21, 1987 a bare summons in an action venued in Supreme Court, Saratoga County, issued by a Warren County attorney, was served on defendant. The summons did not include the notice requirements prescribed by CPLR 305 (b). Although…