Braderman v. Keitz

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered February 17, 2004, which denied appellant’s motion to dismiss the complaint on the ground of improper service under Vehicle and Traffic Law § 253, and granted plaintiffs cross motion for leave to file an unclaimed envelope nunc pro tunc, unanimously reversed, on the law, without costs, the motion granted and cross motion denied, and the complaint dismissed as to defendant Keitz. The Clerk is directed to enter judgment in favor of defendant-appellant Keitz dismissing the complaint as against him.

Supreme Court erred in…