2 New York Civil Practice: CPLR P 305.00

Summary

Strict compliance with CPLR 305 is necessary to avoid a dismissal on the grounds that an error in the summons was a jurisdictional defect and not merely a defect in forum.1

The name of each party must be listed. Suing a nonentity may result in a dismissal.2

If the plaintiff does not know the name of the defendant, the attorney may refer to the defendant as either “John Doe” or “Mary Roe,” designating his or her title or association, e.g., “an employee of the City of New York.”

Finally, if the summons contains an error in the defendant’s name, it will be held curable by amendment so long as, despite the error, the defendant was fairly ...