On October 11, 1976, appellant's automobile was in collision with respondent's. Plaintiff was a passenger in appellant's vehicle and sued both on April 5, 1978. Respondent cross-claimed for apportionment and for subrogated property damage. Respondent timely served an answer on plaintiff's attorney, but failed to serve appellant's attorney until October 23, 1979, more than three years after the accident. Appellant moved to dismiss the cross claim on the ground that it was...
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