Nelson v. Lundy

Appeal from an or*690der of the Supreme Court (Teresi, J.), entered October 4, 2001 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff commenced this action and served defendants with a summons with notice, which identified the nature of the action as breach of contract. After defendants appeared, plaintiff served a four-paragraph complaint alleging that she was an owner of 45 Holstein cows in defendants’ possession, defendants had sold milk and other products from the cows, defendants had refused her demands for an accounting and a return of…