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eBook details

• Title: Matter Arbitration Between Louise Dalrymple
• Author : Supreme Court of New York
• Release Date : January 28, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Claimant-respondent shall recover of respondent-appellant $40 costs and disbursements of this appeal. The sole issue on this appeal is the timeliness of claimants notice of claim, as to which the trial had been directed by Ascione, J. There is no doubt that from the time the claimant retained counsel until the filing of the notice of intention, after some investigation, less than two months later, there was no delay. The only issue of untimeliness concerns the period of some 4 1/2 months between the date of the accident and the date of retention of counsel. The claimant was a passenger in the automobile of her husband from whom she had been separated for approximately three years, and they were living apart. He obtained the license number of the offending vehicle and told her he would take care of the details. After a number of weeks when she did not hear from her husband, she tried to communicate with him, and when she finally reached him, he told her that he had the name of the owner of the vehicle and that he was going to follow up. When nothing further transpired, [40 A.D.2d 814 Page 815]

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