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CARLOS TELLO v. MENTAL HEALTH ASSOCIATION OF WESTCHESTER, INC.

52 A.D.3d 499 (2008)

859 N.Y.S.2d 474

JUAN CARLOS TELLO, Respondent, v. MENTAL HEALTH ASSOCIATION OF WESTCHESTER, INC., Also Known as MENTAL HEALTH ASSOCIATION OF WESTCHESTER COUNTY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 3, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 305 (b) provides in relevant part that when a summons is served without a complaint, the summons shall contain "a notice stating the nature of the action and the relief sought." Here, the plaintiff's summons contained the following notice: "PLEASE TAKE NOTICE that the nature of this action alleges causes of action sounding in tort/negligence in...

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