Hand v. Frazer

The defendant, a resident of Toronto, Canada, sent his motor truck into New York in charge of an employee. While the truck was standing at the side of a New York highway it became involved in a collision with an automobile then owned and driven by the plaintiff. An action has been commenced by the plaintiff by the service of a summons and complaint under section 52 of the Vehicle and Traffic Law (as amd. by Laws of 1930, chap. *44757). The defendant seeks to vacate such service upon the grounds: (1) That as the accident involved in the case occurred while defendant’s truck was standing or parked by…