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HOERNING v. STIHL AM., INC.

70 A.D.2d 696 (1979)

Margaret Hoerning, as Administratrix of The Estate of Jacob Hoerning, Also Known as Harry Hoerning, Deceased, Respondent, v. Stihl American, Inc., Appellant, et al., Defendant

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

May 10, 1979

On March 16, 1975, plaintiff's husband died as the result of injuries sustained while operating a borrowed Stihl chain saw. On October 12, 1976, plaintiff's attorney wrote Stihl American, Inc. (Stihl) informing them of the incident and inquired about the possibility of settlement. On February 28, 1977, plaintiff served a summons and verified complaint on the Secretary of State. Thereafter, a summons only, contrary to section 307...

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