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DRUMMER v. VALERON CORP.

154 A.D.2d 897 (1989)

Charles Drummer, Respondent, v. Valeron Corp. et al., Appellants, et al., Defendants

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

October 6, 1989

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

If the complaint is not served with the summons, CPLR 305 (b) requires that it contain a notice stating the nature of the action. Failure to comply with this requirement is a jurisdictional defect mandating dismissal of the action (Parker v Mack, 61 N.Y.2d 114, 117). Here, the notice endorsed on the summons stated: "The object of this...

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