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BERGMAN v. SLATER

202 A.D.2d 971 (1994)

609 N.Y.S.2d 737

Richard Bergman et al., Respondents, v. James M. Slater et al., Appellants

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

March 11, 1994

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion to dismiss plaintiffs' action based upon the failure of the summons with notice to comply with CPLR 305 (b). "While the words `personal injury' may not apprise defendants of the precise legal theory behind plaintiffs' case, they adequately apprise defendants of the `nature of the action' at this stage of the litigation" (Pilla v La Flor De Mayo Express

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