Metcalf v. Cowburn

Order unanimously reversed, with costs, and motion granted. Memorandum: Defendant appeals from an order of Supreme Court at Special Term denying his motion to vacate the purported service of a summons. Plaintiffs were passengers in an automobile owned and operated by defendant, a resilient of Pennsylvania, when it was involved in a one-car accident in this State ./ion November 16, 1968. They caused a summons and notice to be served personally upon the Secretary of State pursuant to section 253 of the Vehicle, and Traffic Law on November 15, 1971, one day before the Statute of Limitation was…