WILLWERTH v. STERLING FIRE INS. CO.


283 A.D. 979 (1954)

Michael Willwerth, Respondent, v. Sterling Fire Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 19, 1954.


The action was based upon a policy of insurance against automobile collision damage and was commenced by the service of a bare summons on February 11, 1949. The case appeared on the trial calendar in Schoharie County at several terms although no complaint had been served. The complaint was apparently finally served some time in March, 1953. Although a considerable period of time elapsed between the date when the summons was served and the time when the complaint was finally...

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