McCoon v. Schoch

Order unanimously reversed, without costs, and motion granted. Memorandum: In attempted compliance with section 253 of the Vehicle and Traffic Law plaintiffs mailed summonses to the Secretary of State on May 3, 1967, in actions against the nonresident defendant to recover damages for injuries sustained by the infant plaintiff in a collision between his bicycle and defendant’s automobile on May 6, 1964. They also mailed copies of the summonses to defendant which were received by him on May 8, 1967. Section 253 of the Vehicle and Traffic Law provides that service on the Secretary of State…