Legal Opinion
Shippey v. Berkey
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1958PublishedCited by 2 opinions
1Opinion of the CourtBergan, J.
Venue in these actions for wrongful death and personal injuries is laid in Cortland County in the Sixth Judicial District. Defendant, who is a nonresident of New York, was not personally in the State at the time of accident. The summons was served in accordance with section 52 of the Vehicle and *475Traffic Law, and personal jurisdiction of defendant depends on whether his vehicle was being operated with his permission at the time described in the complaints.
Defendant, making a special appearance, moved at the Onondaga Special Term to vacate the service of the summons in pursuance of section…
2Cases cited4 opinions
- Crawford v. NilanNew York Court of Appeals · 1943
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Travelers Indemnity Co. v. BurgAppellate Division of the Supreme Court of the State of New York · 1937
- DuRoy & Le Maistre, Inc. v. GillmoreAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by2 opinions
- In Re DES Market Share LitigationNew York Court of Appeals · 1992
- In re DES Market Share LitigationAppellate Division of the Supreme Court of the State of New York · 1991