BERGMAN v. SLATER

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants' motion to dismiss plaintiffs' action based upon the failure of the summons with notice to comply with CPLR 305 (b). "While the words `personal injury' may not apprise defendants of the precise legal theory behind plaintiffs' case, they adequately apprise defendants of the `nature of the action' at this stage of the litigation" (Pilla v La Flor De Mayo Express, 191 A.D.2d 224; cf., Scaringi v. Broome Realty Corp., 191 A.D.2d 223; Drummer v. Valeron Corp., 154 A.D.2d 897, lv denied 75 N.Y.2d 705).