Order unanimously affirmed, without costs.
Memorandum:
On February 16, 1971 plaintiff was involved in an automobile accident in the City of Rochester. He served a summons upon defendant on December 29, 1971 and defendant appeared on January 10, 1972. On March 16, 1972 a complaint was served demanding damages for personal injury in the sum of $50,000 and on March 27, 1972 an answer was interposed which contained a general
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