Here is my answer to a summons please comment and/or advise Supreme court of the state of new york county of erie Index number xxxxx-xx january xx xxxx Attention county clerk Please be advised the defendent request the court dismiss(vacate) any court action on the grounds that the referenced account on the above indexed summons is not that of the defendents. Also please be advised that the defendent was never properly served the above indexed summons. Enclosed is a copy of the cover letter sent to the defendent by plaintiffs attorney xxxxxxx & xxxxxx which also included a copy of the above indexed summons. Please note the cover letter states a previous summons was served upon defendent when in truth no such summons was ever served upon defendent. xxxx xxxxxxx (defendent)
