New York Court of Appeals
Arvin B. Parker v. Leo M. Mack
February 21, 198461 N.Y.2d 114
Summary
The Court held that service of a summons without the notice required by CPLR 305(b) does not constitute the commencement of an action for purposes of CPLR 205(a), and therefore the plaintiffs were not entitled to the six‑month tolling period. The Court affirmed the Appellate Division’s reversal of the trial court’s order granting that extension. Justice Meyer dissented, arguing that the omission of notice is not a jurisdictional defect and that the plaintiffs should receive the CPLR 205(a) extension.