(Download) "Constance D. Mcdaniel Et Al. v. Clarkstown Central District No. 1 Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Constance D. Mcdaniel Et Al. v. Clarkstown Central District No. 1 Et Al.
- Author : Supreme Court of New York
- Release Date : January 27, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
In an action, inter alia, to recover damages for wrongful death, (1) defendants Volkswagen of America, Inc., and Volkswagenwerk, A. G., and defendant World-Wide Volkswagen separately appeal from so much of an order of the Supreme Court, Rockland County (Ruskin, J.), dated June 6, 1980, as denied their cross motions for summary judgment dismissing the complaint as to them, and (2) defendants Volkswagen of America, Inc., and Volkswagenwerk A. G. appeal from so much of a further order of the same court entered September 4, 1980 as denied their motion, inter alia, for renewal of their prior cross motion. Order dated June 6, 1980 and order entered September 4, 1980 affirmed insofar as appealed from, with one bill of $50 costs and disbursements payable by the appellants appearing separately and filing separate briefs. This action originally was commenced in early 1973 against the Clarkstown Central District No. 1 and the Town of Clarkstown after an accident in June, 1972 between a school bus and a Volkswagen "Beetle" driven by Constance McDaniel. The accident left her comatose until 1979 when she died of brain atrophy. After the original parties had completed discovery, plaintiffs drafted a supplemental summons and amended complaint alleging additional causes of action sounding in products liability against the named Volkswagen entities. In May of 1975 these were served on the Volkswagen defendants pursuant to a stipulation between the plaintiffs and the Clarkstown defendants, but without judicial permission, for the addition of new parties as required by CPLR 1003 (cf. CPLR 3025, subd [b]). The supplemental pleading was clearly denominated " Amended Verified Complaint". (Emphasis Supplied.) Upon receipt of this process, the Volkswagen defendants raised no objection to being joined in the action, but the answers of Volkswagenwerk A. G. and World-Wide Volkswagen contained the affirmative defense of lack of personal jurisdiction. [83 A.D.2d 624 Page 625]
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