Wilson v. Refrigeration Transport, Inc.

Motions numbered 9 and 10 are consolidated herewith. Defendant corporation appears specially and moves to vacate the alleged service of a summons and complaint upon it on the ground that it was not made in compliance with section 52 (now § 253) of the Vehicle and Traffic Law.

Plaintiff moves under section 105 of the Civil Practice Act, for an order correcting any irregularities in connection with said service.

The accident occurred on December 29, 1958. Bankruptcy proceedings were instituted against the defendant corporation which resulted in the appointment of a receiver. The corporation had…