Dominion of Canada General Insurance v. Pierson

Staley, Jr., J.

The plaintiff appeals from an order of the Supreme Court, County of Clinton entered on the 29th day of November, 1966, granting defendant’s motion to dismiss the complaint.

On or about the 5th day of March, 1963, William G. DeBelle and his wife were injured in an automobile accident on Route 22 in Clinton County, New York. The plaintiff paid their medical and hospital expenses in the amount of $2,487.65 and, as their subrogee, sought to commence an action against the defendant, the owner and driver of the automobile, involved in the accident.

On or about the 23d day of February,…