Liu v. Wright

Appellate Division of the Supreme Court of New York

Liu v. Wright

109 A.D.2d 870, 486 N.Y.S.2d 782, 1985 N.Y. App. Div. LEXIS 47387

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1985

StatusPublished

This text of 109 A.D.2d 870 (Liu v. Wright) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Liu v. Wright, 109 A.D.2d 870, 486 N.Y.S.2d 782, 1985 N.Y. App. Div. LEXIS 47387 (N.Y. Ct. App. 1985).

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Opinion

— In an action to recover damages for personal injuries, etc.,'defendants appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), entered April 6, 1984, which denied their motion to dismiss the action, inter alia, upon the ground that the summons was jurisdictionally defective.

Order affirmed, without costs or disbursements.

Inasmuch as plaintiff’s action was commenced prior to the 1978 amendment to CPLR 305 (b) (L 1978, ch 528, § 1), a bare summons would have been sufficient to obtain jurisdiction over [871]*871the defendants and to commence said action. Consequently, the fact the notice in the summons may have omitted the amount of damages is irrelevant (see, Premo v Cornell, 71 AD2d 223). Mollen, P. J., Titone, Lazer and Rubin, JJ., concur.

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— In an action to recover damages for personal injuries, etc.,'defendants appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), entered April 6, 1984, which denied their motion to dismiss the action, inter alia, upon the ground that the summons was jurisdictionally defective.

Order affirmed, without costs or disbursements.

Inasmuch as plaintiff’s action was commenced prior to the 1978 amendment to CPLR 305 (b) (L 1978, ch 528, § 1), a bare summons would have been sufficient to obtain jurisdiction over [871]*871the defendants and to commence said action. Consequently, the fact the notice in the summons may have omitted the amount of damages is irrelevant (see, Premo v Cornell, 71 AD2d 223). Mollen, P. J., Titone, Lazer and Rubin, JJ., concur.

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Bluebook (online)

109 A.D.2d 870, 486 N.Y.S.2d 782, 1985 N.Y. App. Div. LEXIS 47387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liu-v-wright-nyappdiv-1985.

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