Michaud v. Lussier

The court at Special Term granted defendants’ motion to vacate service of process. The parties were involved in an automobile accident on April 2, 1954. The defendants were residents of the Province of Quebec. On April 1, 1957 plaintiff commenced service of process on the defendants under section 52 of the Vehicle and Traffic Law. The receipts from the Secretary of State and the registered mail return receipts from the various defendants were all in the hands of the attorney for the plaintiff-appellant on or before April 7, 1957. For unexplained reasons the required papers were not filed in…