Thompson v. Cohen

Appeal from an order of the Supreme Court (Lynch, J.), entered May 22, 1989 in Schenectady County, which denied defendants’ motion to dismiss the complaint.

In July 1985, plaintiff allegedly fell on the sidewalk in front of defendants’ property in the City of Schenectady, Schenectady County. This action was commenced by service of a summons with notice upon defendants in September 1985. Thereafter, defendants’ insurance carrier began corresponding with plaintiff’s attorney regarding the matter. In a letter dated October 11, 1985, the carrier confirmed that plaintiff’s attorney had agreed to…