VISCOSI v. MERRITT


125 A.D.2d 814 (1986)

Daniel Viscosi, Respondent, v. Anthony Merritt, Appellant

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

December 18, 1986


Mahoney, P. J.

The parties were apparently involved in an automobile accident on July 12, 1982. On July 12, 1985, plaintiff sought to commence an action against defendant by service of a summons with notice. Defendant moved to dismiss on the ground that the notice was not sufficient. Special Term denied the motion and this appeal ensued.

CPLR 305 (b) provides: "If the complaint is not served with the summons, the summons shall contain or have...

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