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Category Archives: CPLR 305

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Defective Summons with Notice Leads to Sua Sponte Dismissal: Blumendale Rd. Judgement Recovery v. Wise

Posted in CPLR 305, Default Judgment, Industry: Transportation, Justice Demarest, Carolyn E., Kings, Summons with Notice

In an October 13, 2010 decision by Justice Demarest, the Court dismissed, sua sponte, eleven out of twelve actions brought by plaintiff by way of Summons with Notice. The twelve actions were brought to collect on debts owed for truck leases. Plaintiff moved for default judgments on all twelve. The Court, in examining the Summonses with Notice, concluded… Continue Reading