Kamp v. Kamp

In this divorce action the complaint was served with the summons. After the termination of conciliation proceedings plaintiff served another copy of the complaint which the defendant answered. On the trial defendant moved to dismiss the action on the ground that the service of the complaint with the summons voided not only the first complaint, but also the summons. The motion is denied. The prohibition against service of the complaint prior to termination of conciliation proceedings (Domestic Relations Law, § 211) voided the first complaint, but it did not void the summons even though the…