Legal Opinion
Drummer v. Valeron Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 12 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: If the complaint is not served with the summons, CPLR 305 (b) requires that it contain a notice stating the nature of the action. Failure to comply with this requirement is a jurisdictional defect mandating dismissal of the action (Parker v Mack, 61 NY2d 114, 117). Here, the notice endorsed on the summons stated: "The object of this action is to recover for the acts and omissions of the defendant and its subsidiaries or divisions which were the proximate cause of the injuries and damages sustained by the…
2Cases cited4 opinions
- Parker v. MackNew York Court of Appeals · 1984
- Rowell v. Gould, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Prospero v. R. Brown & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- EFH Leasing Corp. v. Computer Systems of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by12 opinions
- Micro-Spy, Inc. v. SmallAppellate Division of the Supreme Court of the State of New York · 2004
- Pilla v. La Flor De Mayo Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Jorgensen v. Century 21 Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Bergman v. SlaterAppellate Division of the Supreme Court of the State of New York · 1994
- Bullis v. American Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1991
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