ANDRULIS v. FOX


284 A.D.2d 1006 (2001)

727 N.Y.S.2d 367

MICHAEL J. ANDRULIS, Respondent, v. COURTNEY L. FOX, Defendant, and JUDITH KNIGHT et al., Appellants. (Appeal No. 1.)

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

Decided June 8, 2001.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motions of defendants Judith Knight and Justin Knight and defendant Courtney L. Fox to dismiss the action based upon plaintiff's alleged failure to comply with CPLR 305 (b) by sufficiently stating the nature of the action in the summons. With respect to the summons served upon Fox, the notice required by the statute does not apply because the complaint was served with the...

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