Zielinski v. Lyford

Section 52 of the Vehicle and Traffic Law provides for service of summons on a non-resident in any action growing out of any accident in which such non-resident may be involved while operating a motor vehicle on “ a public highway.” Subdivision 2 of section 2 of that law describes a “ public highway ” as including “ any highway, road, street, avenue, alley, public place, public driveway or any other public way.”

The plaintiff contends that the accident mentioned in the complaint happened upon a public driveway. Concededly the scene of the accident was privately owned property some distance…