Molesphini v. Bruno

MOSCOWITZ, District Judge.

This is a motion for an order striking out the third defense. The action is one for personal injuries. The plaintiff claims that he was struck by defendant’s automobile while it was being operated in the Box'ough of Manhattan, City and State of New York. The defendant is a resident of the State of New Jersey.

The United States Marshal, pursuant to Section 52 of the Vehicle and Traffic Law of the State of New York, delivered a copy of the summons to the Secretary of State of New York, at his office in the Borough of Manhattan, City of New York, and sent a copy thereof,…