Opinion
570363/03.
Decided March 17, 2004.
Defendant appeals from an order of the Civil Court, New York County, entered September 25, 2001 (Karen S. Smith, J.), denying his motion to dismiss the complaint, granting plaintiff's motion to amend the summons and awarding plaintiff partial summary judgment on the issue of liability.
Order entered September 25, 2001 (Karen S. Smith, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.
In this action for repayment of scholarship monies advanced to defendant by the government of India, Civil Court correctly awarded plaintiff summary judgment on the issue of liability and directed an inquest. Defendant's submission was insufficient to raise an issue as to the execution and validity of the contract he ratified by years of payments (see, Sheindlin v. Sheindlin, 88 AD2d 930, app dism'd 57 NY2d 775).
Defendant's motion to dismiss for lack of personal jurisdiction was timely served within 60 days of service of the answer (see, General Construction Law §§ 24, 25-a), but his conclusory assertions of improper service were insufficient to warrant a traverse (see, Manhattan Savings Bank v. Kohen, 231 AD2d 499, lv den 91 NY2d 802).
Since the court and county of venue were set forth on the complaint served on plaintiff, there was no prejudice or jurisdictional defect in their omission from the summons and the motion to amend was appropriately granted (see, Siegel, New York Practice, § 64, at p. 90 [3d ed.]; Tobia v. Town of Rockland, 106 AD2d 827).
This constitutes the decision and order of the court.