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LAMBOY v. PEACOCK COLOR OFFSET CORP.

285 A.D.2d 414 (2001)

729 N.Y.S.2d 8

MONSERRATE LAMBOY, Respondent, v. PEACOCK COLOR OFFSET CORP., Defendant, and ARTHUR SINARI, Appellant.

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

Decided July 19, 2001.

Defendant Arthur Sinari (hereinafter defendant) argues that the action was not properly commenced, and therefore must be dismissed insofar as it is asserted against him, because the summons on file with the County Clerk, submitted by plaintiff in support of his motion for a default judgment, does not bear the County Clerk's date stamp and is dated June 28, 1994, while the complaint on file and the request for judicial intervention...

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