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https://www.schlamstone.com/defects-in-summons-require-dismissal-of-action-brought-by-motion-for-summary-judgment-in-lieu-of-complaint/
Apr 28, 2015 · On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Clinton Capital Corp. v. 635 Realty Corp., 2015 NY Slip Op 30614(U), dismissing an action brought by motion for summary judgment in lieu of complaint based on defects in the summons and service of process.. The plaintiff in Clinton Capital is a judgment creditor who brought an action under …
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-305.html
(b) Summons and notice. If the complaint is not served with the summons, the summons shall contain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default.
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2348&context=lawreview
CPLR 305(b): Plaintiff's service of bare summons is jurisdictional defect, but defect is waived by defendant's service of notice of ap-pearance and demand for complaint CPLR 305(b) requires that the summons commencing an supra. Of course, it has been held that proper CPLR 304 service entails fulfillment of CPLR 305(b). See Young v.Author: Laurino, J Carl
https://law.justia.com/cases/new-york/other-courts/2007/2007-51181.html
The court rejects the plaintiffs' attempt to cure the jurisdictional defect that occurred upon the filing of a supplemental summons and amended complaint on March 24, 2005 without compliance with CPLR 1003 by submission of a post-factum stipulation such as the one attached to the opposing papers (see, Peterkin v City of New York, 293 AD2d 244 ...
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2111&context=lawreview
CPLR 305(b): Summons accompanied by neither complaint nor 305(b) notice constitutes jurisdictional defect that can deprive plaintiff of extension under CPLR 205(a) Under New York law an action may be commenced and per-sonal jurisdiction acquired by the service of a summons upon a de-fendant.'
https://law.justia.com/codes/new-york/2012/cvp/article-30/3012/
§ 3012. Service of pleadings and demand for complaint. (a) Service of pleadings. The complaint may be served with the summons. A subsequent pleading asserting new or additional claims for relief shall be served upon a party who has not appeared in the manner provided for service of a summons.
https://bruteforcelawyer.com/category/cplr/cplr-%c2%a7-2001/
CPLR 2001. CPLR 5015(a)(4) Segway of N.Y., Inc. v Udit Group, Inc., 2014 NY Slip Op 05971 [2nd Dept. 2014] However, the Supreme Court erred in applying CPLR 2001 so as to disregard the facial defects in the summons and notice of motion that were identified by the defendants.
https://fhnylaw.com/plaintiffs-filing-affidavit-service-summons-complaint-several-days-late-results-vacatur-default-judgment-obtained-six-years-earlier/
Aug 24, 2018 · Because the “failure to file proof of service is a procedural irregularity, not a jurisdictional defect, that may be cured by motion or sua sponte by the court in its discretion pursuant to CPLR 2004, the Second Department agreed with Supreme Court “to deem the affidavit of service timely filed, sua sponte, pursuant to CPLR 2004.”
https://www.schlamstone.com/summons-with-notice-provided-sufficient-notice-of-plaintiffs-claims/
Jun 24, 2017 · As to the sufficiency of the summons with notice, CPLR 305 (b) provides that a summons served without a complaint must include a notice stating the nature of the action and the relief sought, and the sum of money for which judgment may be taken in case of default. Failure to provide sufficient notice is a jurisdictional defect.
https://nylaw.typepad.com/new_york_civil_law/2011/01/new-york-court-of-appeals-recently-holds-that-cplr-2001-may-cure-defect-in-service-of-summons-and-co.html
Jan 03, 2011 · Even though the CPLR is clear on this point, litigants still seem to make mistakes when serving their summons and complaints. In Ruffin v.Lion Corp., 2010 N.Y. Slip Op. 8767, 2010 N.Y. LEXIS 3464 (Nov. 30, 2010), the plaintiff used a process server who was not a New York resident to serve the defendants with the summons and complaint concerning her personal-injury action.
https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-2101.html
New York Civil Practice Law and Rules CVP NY CPLR Rule 2101. Read the code on FindLaw Explore Resources For... Cases & Codes. Practice Management ... Beneath each signature shall be printed the name signed. The letters in the summons shall be in clear type of no less than twelve-point in size. ... In a summons, a complaint or a judgment the ...
http://www.courts.state.ny.us/REPORTER/3dseries/2008/2008_52496.htm
CPLR §305(b). It is well settled that when a plaintiff fails to tender the requisite notice along with a summons not served with a complaint, the summons does not commence an action. Parker v. Mack, 61 NY2d 114 (1984); Scaringi v. Elizabeth Broome Realty Corp., 191 AD2d 223 (1st Dept. 1993). This is because the failure to comply with CPLR ...
http://www.nycourts.gov/ctapps/decisions/2010/nov10/196opn10.pdf
592 [1986]; see also Raschel) is a substantial defect. On the other hand, delivery of a summons and complaint by a process server who is unauthorized to serve simply because of his place of residence will not affect the likelihood that the summons and complaint will …
https://www.newyorkappellatedigest.com/2019/09/11/failure-to-timely-mail-the-summons-and-complaint-after-service-at-defendants-business-as-required-by-cplr-308-2-is-a-jurisdictional-defect-which-is-not-cured-by-late-mailing-second-dept/
Sep 11, 2019 · civil procedure failure to timely mail the summons and complaint after service at defendant’s business as required by cplr 308 (2) is a jurisdictional defect which is not cured by late mailing (second dept).
https://argumentsanddemonstrations.com/category/cplr-2001/
Jun 13, 2016 · The missing step was that the insurer never filed or served a summons, complaint or petition. The failure to file is a non-waivable, jurisdictional defect. It means that the court’s jurisdiction was never invoked, and the entire proceeding was a nullity. Note, particularly, that …
https://www.thefreelibrary.com/All+is+not+forgiven+-+the+application+of+CPLR+2001+to+Mendon+Ponds...-a0288873463
Dec 22, 2011 · All is not forgiven - the application of CPLR 2001 to Mendon Ponds defects. Link/Page Citation I. INTRODUCTION ... summons and complaint or petition to commence an action, the court may permit a mistake, omission, defect or irregularity, including the failure to purchase or acquire an index number or other mistake in the filing process, to be ...
https://argumentsanddemonstrations.com/2016/06/13/orders-to-show-cause-dont-commence-actions/
Jun 13, 2016 · The missing step was that the insurer never filed or served a summons, complaint or petition. The failure to file is a non-waivable, jurisdictional defect. It means that the court’s jurisdiction was never invoked, and the entire proceeding was a nullity. Note, particularly, that …
https://ildikonyari.com/law/cplr/article-20/
NY CPLR § 2001. MISTAKES, OMISSIONS, DEFECTS AND IRREGULARITIES. At any stage of an action, including the filing of a summons with notice, summons and complaint or petition to commence an action, the court may permit a mistake, omission, defect or irregularity, including the failure to purchase or acquire an index number or other mistake in the filing process, to be corrected, upon such terms ...
http://blogs.smartrules.com/new-york-cplr-proposed-legislation-re-time-of-service-time-to-raise-defect-amended-pleadings/
Jun 16, 2009 · CPLR section 306-b presently requires service of the summons and complaint, summons with notice, third-party summons and complaint, petition with notice of petition or order to show cause within 120 days after filing, with appropriate modifications where the statute of …
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