Burstin v. Public Service Mutual Insurance

— Appeal from an order of the Supreme Court at Special Term (Bradley, J.), entered January 21, 1983 in Sullivan County, which referred this matter to Trial Term for a determination of whether service of a notice of motion was effected on plaintiff. On August 29,1981, plaintiff served defendant with a summons and notice on a cause of action for $45,000 in damages for which defendant was allegedly liable to plaintiff on a fire insurance policy. Defendant served a notice of appearance and demand for a complaint on plaintiff on September 11,1981. No complaint was forthcoming. Therefore, on April…