HAMMILL v. CURTIS


18 A.D.2d 749 (1962)

Irene Hammill, as Executrix of William Hammill, Deceased, Appellant, v. Frank Curtis, Respondent, et al., Defendant

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

December 28, 1962


This litigation arises out of an automobile accident which occurred on October 12, 1957. The action was commenced by the service of a summons on respondent on June 10, 1958. Respondent promptly filed a notice of appearance but it was not until September 2, 1960 that appellant served his complaint. Respondent on or about May 31, 1961 served an answer which in addition to containing a general denial of the allegations in the complaint asserted a claim denominated "Defense,...

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