SHERK v. DaimlerChrysler Corporation, Doing Business as Dodge, Defendant-Appellant. (2007)

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Madonna L. Sherk (plaintiff) when the interior door handle of a vehicle manufactured by DaimlerChrysler Corporation (defendant) unexpectedly broke causing plaintiff to fall to the ground.   Plaintiffs timely served a summons with notice upon defendant, but the notice failed to state a sum of money for which judgment may be taken in the event of a default, as required by CPLR 305(b).  We agree with plaintiffs, however, that “the absence of a monetary amount in a notice served with a summons is a correctable irregularity” (Premo v. Cornell, 71 A.D.2d 223, 224, 423 N.Y.S.2d 64;  see Merwitz v. Dental Care Servs., 155 A.D.2d 748, 750, 547 N.Y.S.2d 693;  see generally Kolnacki v. State of New York, 28 A.D.3d 1176, 816 N.Y.S.2d 249, lv. granted 30 A.D.3d 1116, 816 N.Y.S.2d 397), “and not a jurisdictional defect” (Merwitz, 155 A.D.2d at 750, 547 N.Y.S.2d 693).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: