TOURE v. HARRISON


6 A.D.3d 270 (2004)

775 N.Y.S.2d 282

MAMADOU TOURE, Appellant, v. MARIO HARRISON, Respondent.

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

April 20, 2004.


On January 30, 2002, a vehicle driven by plaintiff was stopped at a red light when it was struck in the rear by a vehicle driven by defendant. On May 30, 2002, plaintiff received a request for medical authorizations from Utica Mutual Insurance Company, which, ostensibly, was defendant's carrier.

The action was commenced on August 12, 2002. The affidavit of service, filed September 30, 2002, states that defendant was served by leaving a copy of the summons and complaint...

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