Smith v. Maryland Casualty Company

Full title: MARY L. SMITH, Appellant, v. MARYLAND CASUALTY COMPANY, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1988

144 A.D.2d 940 (N.Y. App. Div. 1988)

Opinion

November 15, 1988

Appeal from the Supreme Court, Erie County, Rath, J.

Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.

Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated at Special Term, Rath, J. We add only that plaintiff failed to give timely notice of her intention to rely on statutes of the Province of Ontario by referring to them for the first time in a reply brief (see, CPLR 4511 [b]).