Saturno v. Yanow

Order unanimously affirmed, without costs. Memorandum: On February 16, 1971 plaintiff was involved in an automobile accident in the City of Rochester. He served a summons upon defendant on December 29, 1971 and defendant appeared on January 10, 1972. On March 16, 1972 a complaint was served demanding damages for personal injury in the sum of $50,000 and on March 27, 1972 an answer was interposed which contained a general *1098denial and a counterclaim for $650 property damage. Since August 30, 1972, according to an affidavit made by plaintiff’s attorney in support of this motion, plaintiff knew…