Ferrito v. Dickson

• Court: New York City Court
• Writing for the Court: ALEXANDER GRAVES
• Citation: Ferrito v. Dickson, 559 N.Y.S.2d 627, 148 Misc.2d 101 (N.Y. City Ct. 1990)
• Decision Date: 08 August 1990
• Parties: Francis FERRITO, Plaintiff, v. Jackie DICKSON, Defendant.

Page 627

559 N.Y.S.2d 627

148 Misc.2d 101

Francis FERRITO, Plaintiff, v. Jackie DICKSON, Defendant.

Civil Court of the City of New York Richmond County.

Aug. 8, 1990.

Wilkofsky, Friedman, Karel & Cummins, New York City, for plaintiff.

ALEXANDER GRAVES, Judge.

Plaintiff has submitted for my signature an ex parte order permitting the filing, nunc pro tunc, of the summons and complaint. While matters of this kind are customarily treated as routine, this application is somewhat out of the ordinary. The summons as originally served identified the Court as the "Civil Court of the City of New York, County of Richmond," but summoned defendant "to appear in the Civil Court of the City of New York, County of New York at the office of the Clerk of said Court at 111 Centre Street in the County of New York City and State of New York, ...". After the error had been discovered, plaintiff attempted to correct same by mailing an "amended summons," containing the correct address of the Richmond County Division of the Court, to an attorney who had not formally appeared for defendant.

The Court declines to sign the order. The summons as originally served is defective. Since the defendant has not answered, it can hardly be contended that the defect has been waived. It is doubtful whether there is any such entity as an "amended...