Legal Opinion

Yarusso v. Arbotowicz

New York Court of Appeals

Decided April 5, 1977Published

1Opinion of the CourtJones, J.

We hold that when statutory authorization exists for obtaining personal jurisdiction by some manner other than personal delivery of the summons within the State—here, sections 253 apd 254 of the Vehicle and Traffic Law—the Statute of Limitations is not tolled under CPLR 207 by defendant’s absence from the State, even though plaintiff may in fact be unsuccessful in obtaining jurisdiction by the manner so provided. Further, uncompleted service under the Vehicle and Traffic Law sections on the Secretary of State, successfully *517challenged by defendant for lack of personal jurisdiction, does not…

2Cases cited4 opinions

  1. Goodemote v. McClainAppellate Division of the Supreme Court of the State of New York · 1972
  2. Sadek v. StewartAppellate Division of the Supreme Court of the State of New York · 1971
  3. Dominion of Canada General Insurance v. PiersonAppellate Division of the Supreme Court of the State of New York · 1967
  4. Glines v. MuszynskiAppellate Division of the Supreme Court of the State of New York · 1962

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