SILVERMAN v. SCHARF


74 A.D.2d 822 (1980)

William Silverman et al., Appellants, v. Jeffrey Scharf et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 3, 1980


Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and plaintiffs' motion to strike the second affirmative defense granted.

The default notice required by CPLR 305 (subd [b]) to accompany a summons served without a complaint does not limit the amount which may be demanded in the complaint once the defendant appears in the action (Everitt v Everitt, 4 N.Y.2d 13). Therefore, Special Term...

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