Legal Opinion

Stoiber v. Marinacci

City of New York Municipal Court

Decided February 3, 1931PublishedCited by 6 opinions

1Opinion of the CourtEvans, J.

The action is brought under section 52 of the Vehicle and Traffic Law (as amd. by Laws of 1930, chap. 57) against a resident of New Jersey. The jurisdiction of this court is attacked, because the process was served upon the Secretary of State at one of his offices within the city of New York, and thereafter by the plaintiff by registered mail upon defendants in New Jersey. I will follow the decision of Mr. Justice ShientaCx (Bessan v. Public Service Co-Ordinated Transport, 135 Misc. 368). Contrary reasoning may be found in Osterhoudt v. Horowitz (135 Misc. 744, 745); Tannenbaum v. Wehrle (133…

2Cases cited3 opinions

  1. American Historical Society, Inc. v. GlennNew York Court of Appeals · 1928
  2. Bessan v. Public Service Co-ordinated TransportCity of New York Municipal Court · 1929
  3. Osterhoudt v. HorowitzCity of New York Municipal Court · 1930

3Cited by6 opinions

  1. Keller v. American Sales Book Co.District Court, W.D. New York · 1936
  2. Stoibor v. MarinacciAppellate Terms of the Supreme Court of New York · 1931
  3. Berkowitz v. DunphyCity of New York Municipal Court · 1931
  4. McCulloch v. American Carrier Corp.City of New York Municipal Court · 1939
  5. Stoiber v. MarinacciAppellate Division of the Supreme Court of the State of New York · 1932

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