Toglia v. Errington

This is a motion by the defendant appearing specially for an order vacating the purported service of the summons and complaint under section 254 of the Vehicle and Traffic Law. The action arises out of an automobile accident which occurred on March 17, 1959 when the defendant’s testator was the operator of a motor vehicle which was in collision with an automobile wherein the plaintiff was a passenger. Subsequent to the date of the accident and during the year 1959 the defendant’s testator died, leaving a last will and testament naming the defendant as executor. It appears undisputed that the…