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Adams v. William E. Bouley Co.

55 A.D.2d 1014 Court N.Y. App. Div. Decision date 1977-01-14 English

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p. 1014
Virginia L. Adams, Individually and as Assignee of Concord General Mutual Insurance Co., Subrogee of Virginia L. Adams, Respondent, v William E. Bouley Co., Inc., Appellant.

Order unanimously affirmed, with costs, on opinion at Onondaga Special Term, Mead, J., and the following memorandum: We add that the notice on the original summons was erroneous because the insurance company’s subrogated claim on which it was based included items relating to plaintiff-respondent’s expenses for her personal injuries as well as for property damages. The action on these claims was timely instituted; and it was proper to grant the amendment. (See, also, Liberty Mut. Fire Ins. Co. v Perricone, 54 AD2d 975 .) (Appeal from order of Onondaga Supreme Court — summary judgment, etc.) Present— Marsh, P. J., Cardamone, Simons, Dillon and Witmer, JJ.