Legal Opinion
Sureway Towing Inc. v. Martinez
New York Supreme Court
Decided February 6, 2003Published
1Opinion of the Court
*373OPINION OF THE COURT
Lewis L. Douglass, J.
This is a CPLR article 78 proceeding in which petitioner seeks to annul a determination of the New York State Department of Motor Vehicles finding that the petitioner was guilty of operating an overweight truck under Rules of City of New York Department of Transportation (34 RCNY) § 4-15 (b) (9) and (10) on the grounds that service of the ticket was improper.
Section 311 (a) (1) of the CPLR provides that service on a corporation must be made by service on a managing agent or officer of the corporation.
It is obviously more efficient to hand a ticket to…
2Cases cited3 opinions
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- F. I. duPont, Glore Forgan & Co. v. ChenAppellate Division of the Supreme Court of the State of New York · 1976
- Fast Container Service Corp. v. State of New York Department of Motor Vehicles Traffic Violations Bureau Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1996