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Silverman v. Scharf

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1980
74 A.D.2d 822 (N.Y. App. Div. 1980)

Opinion

March 3, 1980


In an action for dental malpractice, plaintiffs appeal from so much of an order of the Supreme Court, Queens County, dated July 5, 1979, as denied their motion to strike the second affirmative defense in defendants' answer. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and plaintiffs' motion to strike the second affirmative defense granted. The default notice required by CPLR 305 (subd [b]) to accompany a summons served without a complaint does not limit the amount which may be demanded in the complaint once the defendant appears in the action (Everitt v. Everitt, 4 N.Y.2d 13). Therefore, Special Term erred in holding that the complaint, served after defendants' appearance, could demand no greater monetary damages than the sum stated in the original summons with notice. Hopkins, J.P., Lazer, Margett and Weinstein, JJ., concur.


Summaries of

Silverman v. Scharf

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1980
74 A.D.2d 822 (N.Y. App. Div. 1980)
Case details for

Silverman v. Scharf

Case Details

Full title:WILLIAM SILVERMAN et al., Appellants, v. JEFFREY SCHARF et al., Respondents

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

Date published: Mar 3, 1980

Citations

74 A.D.2d 822 (N.Y. App. Div. 1980)