WAGENKNECHT v. LO RUSSO


121 Misc.2d 45 (1983)

Jeffrey Wagenknecht, Plaintiff, v. Michael N. Lo Russo et al., Defendants. Jeffrey Wagenknecht, Plaintiff, v. Allen V. Rose, Individually and Doing Business as A. V. R. Realty Company, Defendant. Jeffrey Wagenknecht, Plaintiff, v. Arlen Realty and Development Corp., Defendant.

Supreme Court, Special Term, Nassau County.

September 27, 1983


Attorney(s) appearing for the Case

Connolly & Callahan, P. C., for Michael N. Lo Russo and another, defendants. John J. Romano for Ester Olivia and another, defendants. Garbarini, Scher & De Cicco for Arlen Operating Company and others, defendants. Reginald S. Marshal for Hendels-En Productiemaatscharpif DeSchouw, defendant. Raymond A. McGrath for Caldor, Inc., defendant. Irving Jaffe for Arlen Realty & Development Corp., defendant. Kramer, Dillof, Tessel, Duffy & Moore for plaintiff.


JEFFREY G. STARK, J.

In 1978, CPLR 305 (subd [b]) was amended to require that every summons served without a complaint must contain a "notice stating the nature of the action and the relief sought". The issue of first impression here presented is whether a plaintiff can avoid dismissal of his summons (and a possible bar on refiling due to the expiration of the limitation period) where he has attempted to describe on his summons the "nature of the action...

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