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PARKER v. MACK

61 N.Y.2d 114 (1984)

Arvin B. Parker et al., Appellants, v. Leo M. Mack, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1984.

Attorney(s) appearing for the Case

Edmund J. Hoffmann, Jr., for appellants.

Donald L. Schoenwald for respondent.

Chief Judge COOKE and Judges WACHTLER and KAYE concur with Judge JONES; Judge MEYER dissents and votes to modify in a separate opinion in which Judge JASEN concurs; Judge SIMONS taking no part.

JONES, J.

No action is commenced by the service of a summons alone which neither contains nor has attached to it a notice of the nature of the action and of the relief sought; accordingly, when such a summons is dismissed plaintiff may not avail himself of the six-month extension for commencement of a new action upon the same transaction or occurrence provided by CPLR...

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