Mulligan v. Jersey Truck Renters

Defendant moves to set aside the service of the summons herein which was served upon the defendant, pursuant to section 52 of the Vehicle and Traffic Law.

The complaint alleges that the defendant, its agents, servants and/or employees conducted themselves so carelessly and negligently that a large sheet of cardboard, which they were unloading “ was caused to and did strike the plaintiff ”, who was passing by at the time. The question before the court is whether an “ accident ” of this nature comes within the purview of section 52 of the Vehicle and Traffic Law. Section 52 of the Vehicle and…