Continental Casualty Co. v. Nelson

This is a motion to set aside and vacate the service of the summons herein, which summons was served in compliance with the provisions of section 52-a of the Vehicle and Traffic Law.

Two grounds are stated for this motion. One of these grounds is that the notice directed to the defendant is misleading and mot in accordance with the notice required by section 52-a. The notice as served stated that it was made pursuant to sections 52 and 52-a of the Vehicle and Traffic Law. The contention of the defendant is that the notice should state only that it was made pursuant to the provisions of section…