Adams v. William E. Bouley Co.

Appellate Division of the Supreme Court of New York

Adams v. William E. Bouley Co.

55 A.D.2d 1014, 391 N.Y.S.2d 209, 1977 N.Y. App. Div. LEXIS 10349

Appellate Division of the Supreme Court of the State of New York·Decided January 14, 1977·Published

Opinion

Order unanimously affirmed, with costs, on opinion at Onondaga Special Term, Mead, J., and the following memorandum: We add that the notice on the original summons was erroneous because the insurance company’s subrogated claim on which it was based included items relating to plaintiff-respondent’s expenses for her personal injuries as well as for property damages. The action on these claims was timely instituted; and it was proper to grant the amendment. (See, also, Liberty Mut. Fire Ins. Co. v Perricone, 54 AD2d 975.) (Appeal from order of Onondaga Supreme Court — summary judgment, etc.) Present— Marsh, P. J., Cardamone, Simons, Dillon and Witmer, JJ.

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Order unanimously affirmed, with costs, on opinion at Onondaga Special Term, Mead, J., and the following memorandum: We add that the notice on the original summons was erroneous because the insurance company’s subrogated claim on which it was based included items relating to plaintiff-respondent’s expenses for her personal injuries as well as for property damages. The action on these claims was timely instituted; and it was proper to grant the amendment. (See, also, Liberty Mut. Fire Ins. Co. v Perricone, 54 AD2d 975.) (Appeal from order of Onondaga Supreme Court — summary judgment, etc.) Present— Marsh, P. J., Cardamone, Simons, Dillon and Witmer, JJ.

Adams v. William E. Bouley Co., 55 A.D.2d 1014, 391 N.Y.S.2d 209, 1977 N.Y. App. Div. LEXIS 10349 (N.Y. Ct. App. 1977).

Pincite

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Opinion

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