Brown v. Hertz Drivurself Stations, Inc., Eastern States

Defendant, a nonresident corporation, moves to vacate the constructive service of process on it purportedly effected pursuant to the provisions of section 52 of the Vehicle and Traffic Law. This statute provides that “ the operation in this state of a motor vehicle * * * owned by a nonresident * * * with his consent, express or implied, shall be deemed equivalent to an appointment by such nonresident of the secretary of state to be his true and lawful attorney upon whom may be served the summons in any action against him, growing out of any accident or collision * * ® in which such motor…