Liu v. Wright

Full title: WILLIAM Y. LIU et al., Respondents, v. LYNFORD WRIGHT et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1985

109 A.D.2d 870 (N.Y. App. Div. 1985)

Opinion

March 25, 1985

Appeal from the Supreme Court, Dutchess County (Beisner, J.).

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 the 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 A.D.2d 223). Mollen, P.J., Titone, Lazer and Rubin, JJ., concur.