Colichio v. Bailey

Appeal from an order of the Supreme Court at Special Term, entered January 15, 1980 in Rensselaer County, which denied a motion to dismiss respondent’s cross claim for property damages. On October 11, 1976, appellant’s automobile was in collision with respondent’s. Plaintiff was a passenger in appellant’s vehicle and sued both on April 5, 1978. Respondent cross-claimed for apportionment and for subrogated property damage. Respondent timely served an answer on plaintiff’s attorney, but failed to serve appellant’s attorney until October 23, 1979, more than three years after the accident.…