Atkins v. Rigby

— Order unanimously reversed, without costs, and motion denied. Memorandum: In this action brought to recover damages for personal injuries and property damages claimed to have been sustained by plaintiff in an accident in the Town of Aurelius on January 7, 1965, the summons and complaint was served in December of 1965. The defendant filed an answer on or about January 25, 1966, and the case was placed on the calendar of Cayuga County on August 2, 1966. On December 6, 1967 this action was removed from the calendar and placed on the general docket and on December 6, 1968 it was deemed…