De Concilius v. Lloyd A. Fry Roofing Co.

In an action to recover damages for personal injuries, one of the defendants, Lloyd A. Fry Roofing Co., appearing specially, moves to vacate the alleged service of summons and complaint upon it. It contends that it is a nonresident *431corporation and that it neither owned nor operated nor had an agent, servant or employee operate the vehicle which was involved in the alleged accident which bottoms the instant action. Therefore, the service of process upon it pursuant to section 253 of the Vehicle and Traffic Law was improper.

The plaintiff contends that since the vehicle involved in the alleged…