Legal Opinion
Malak v. O. D. Upton
New York Supreme Court
Decided April 4, 1938PublishedCited by 2 opinions
1Opinion of the CourtHarris, J.
The defendant herein moves for an order setting aside the service of the summons and complaint herein and declaring such service to be null and void. Both of the parties herein are non-residents of the State of New York. The cause of action *818is based on a claim for personal injuries suffered in an automobile accident within the State of New York. Service was effected upon the defendant herein by means of the provision of section 52 of the Vehicle and Traffic Law of the State, which section 52, so far as pertinent to this motion, is as follows:
“ § 52. Service of summons on nonresidents. The…
2Cases cited9 opinions
- Murnan v. Wabash Railway Co.New York Court of Appeals · 1927
- Fine v. WenckeSupreme Court of Connecticut · 1933
- State ex rel. Rush v. Circuit Court for Dane CountyWisconsin Supreme Court · 1932
- Vecchione v. PalmerAppellate Division of the Supreme Court of the State of New York · 1936
- Beach v. D. W. Perdue Co.Superior Court of Delaware · 1932
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dart Transit Co., Inc. v. WigginsAppellate Court of Illinois · 1954
- Gianetto v. La DelphaAppellate Division of the Supreme Court of the State of New York · 1951