Spitalny v. Le Cakes

Defendant is a resident of the State of Massachusetts. She was operating a motor vehicle which was involved in a collision with plaintiff’s car in New York. Thereafter, plaintiff commenced this action, by serving the Secretary of State on October 1, 1946, and mailing a copy of the summons and complaint to the defendant on the same day, in accordance with section 52 of the Vehicle and Traffic Law. The return day of the summons was October 7, 1946.

Defendant appeared specially and moved to set aside the summons on the ground that service was not complete, under section 52 of the Vehicle and…