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MASSACHUSETTS BAY INS. CO. v. GUARDIAN ESCROW CORP.

171 A.D.2d 615 (1991)

Massachusetts Bay Insurance Company, as Subrogee and/or Assignee of Magno Sound, Inc., Respondent, v. Guardian Escrow Corporation, Appellant

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

March 28, 1991

Plaintiff's subrogor sustained damage to its property as a result of a fire which occurred at premises owned by defendant. Plaintiff maintains that it served a summons and complaint on defendant via the Secretary of State on July 21, 1988. However, defendant claims that it did not become apprised of this action until November 14, 1988 when it received a letter from plaintiff's attorney. It then promptly forwarded the summons and complaint to an insurance retailer which sent...

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