A "summons with notice" is an abbreviated form of pleading authorized by New York rules, which allow litigants to avoid having to write out the entire basis of their cause of action or claim against another, until such time as the opponent has requested that a copy of a complaint be served.
While the information contained in this shortened pleading form is often a bone of contention, typically, after some of the basics (like the parties' names and other preliminaries), the following elements will usually suffice:
a brief recitation of the relief sought (like the amount of monetary damages); and
a short description of the legal theory upon which that recovery is based. (Example: "$50,000 for breach of contract.")
In Sherk v. Sherk , the Sherks started a case in the Erie County Supreme Court against DaimlerChrysler Corporation (and others), seeking to recover damages for injuries incurred by Madonna Sherk when a vehicle's defective door handle broke and caused her to fall to the ground.
Since the paper used to the start the case -- the summons with notice -- failed to indicate the amount of damages the Sherks sought to recover, DaimlerChrysler moved to dismiss the case alleging it was a fatal or "jurisidictional" error.
The Erie County Supreme Court disagreed with the auto manufacturer, as did the Appellate Division, Fourth Department. Shirking a dismissal, the AD viewed the omission as a "'correctable irregularity'" and "'not a jurisdictional defect'".
The Sherks sure did deflect that one!
For a copy of the Appellate Division's decision, please use this link: Sherk v. Sherk