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MCMANUS v. STURNIOLO

129 Misc.2d 534 (1985)

Regina McManus, Plaintiff, v. Anthony Sturniolo, Defendant.

Supreme Court, Special Term, New York County.

August 30, 1985

Attorney(s) appearing for the Case

Mark Lemle Amsterdam for defendant. Scott K. Nigro for plaintiff.

HAROLD BAER, JR., J.

Defendant Anthony Sturniolo moves to dismiss the complaint on the grounds that the court lacks subject matter jurisdiction since the summons fails to display the words "consumer credit transaction" as required by CPLR 305 and that the complaint fails to state a cause of action. (CPLR 3211 [a] [2], [7].) Plaintiff Regina McManus opposes the motion and cross-moves to amend the summons, nunc pro tunc, to include the words "consumer credit...

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