Wilkins v. Huber

—Appeal from an order of Supreme Court, Niagara County (Boniello, III, J.), entered October 22, 2001, which granted the motion of defendant Shawn Huber to dismiss the complaint against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant Shawn Huber is reinstated.

Memorandum: We agree with plaintiffs that the letter sent on behalf of Shawn Huber (defendant) by a claims representative of defendant’s insurer requesting an extension of time to answer the complaint…