MILLER v. CAMBRIA CAR WASH, LLC

2008-09935

68 A.D.3d 827 (2009)

2009 NY Slip Op 9195

889 N.Y.S.2d 483

MILTON MILLER, Appellant, v. CAMBRIA CAR WASH, LLC, Respondent.

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

Decided December 8, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to dismiss the complaint is denied.

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: "The nature of this action is to recover money damages for negligence; negligence...

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