Devlin v. New York Mutual Casualty Taxicab Insurance

Martin, J.:

The plaintiff having been injured on February 2, 1923, by a taxicab owned by the Hale Taxi Corporation, brought an action in the Supreme Court, county of New York, to recover for her injuries. Being unable to secure personal service of the summons, she served the Hale Taxi Corporation by substituted service, pursuant to an order; but it defaulted. Thereupon plaintiff notified appellant, which on December 13, 1922, had bonded the taxi corporation, under section 282-b of the Highway Law, of the default of its assured. Receipt of the notice is admitted.

Thereafter appellant was…