It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action by filing a "Summons with Notice" pursuant to CPLR 304. Shortly thereafter plaintiff filed an "AMENDED SUMMONS," changing only the sum of money for which judgment was sought. Plaintiff attached the initial summons with notice as an exhibit to a motion for summary judgment in lieu of complaint (see...
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