Legal Opinion
Stoibor v. Marinacci
Appellate Terms of the Supreme Court of New York
Decided December 22, 1931PublishedCited by 3 opinions
1Opinion of the CourtCallahan, J.
The summons and complaint herein were delivered to a Deputy Secretary of State in the office of the State Department in New York city and a copy forwarded to the non-resident *346defendant and received by him. It seems to me that such service complies with section 52 of the Vehicle and Traffic Law (as amd. by Laws of 1930, chap. 57) and is valid to give jurisdiction to the court below. This determination is not contrary to our holding in Heihs v. Reinberg (136 Misc. 815). The controlling fact there was that service was made by delivery of process to the Secretary of State in Albany.
There can be…
2Cases cited3 opinions
- Hess v. PawloskiSupreme Court of the United States · 1927
- Heihs v. ReinbergAppellate Terms of the Supreme Court of New York · 1930
- Stoiber v. MarinacciCity of New York Municipal Court · 1931
3Cited by3 opinions
- Dairy Sealed, Inc. v. Ten EyckNew York Supreme Court · 1936
- Stoiber v. MarinacciAppellate Division of the Supreme Court of the State of New York · 1932
- Teplitzky v. LippmanAppellate Terms of the Supreme Court of New York · 1932