Legal Opinion

Executive Insurance v. Yeshiva Mikdash Melech, Inc.

Civil Court of the City of New York

Decided March 30, 1995Published

1Opinion of the Court

OPINION OF THE COURT

Victor I. Barron, J.

Plaintiff moves to dismiss defendant’s affirmative defense of lack of jurisdiction on the grounds that it has fully complied with Vehicle and Traffic Law § 253, which confers jurisdiction over nonresident motorists.

Defendant cross-moves to dismiss the complaint on the grounds that service pursuant to Vehicle and Traffic Law § 253 is inapplicable as he was no longer a nonresident motorist at the time of the alleged service of process.

The within action was set down for traverse and final determination of the motions herein.

It is undisputed that at the…

2Cases cited6 opinions

  1. Maguire v. Yellow Taxicab Corp.Appellate Division of the Supreme Court of the State of New York · 1938
  2. Maguire v. Yellow Taxicab Corporation, SpeckNew York Court of Appeals · 1938
  3. Bingham v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. La Vallee v. PeerNew York Supreme Court · 1980
  5. La Vallee v. PeerAppellate Division of the Supreme Court of the State of New York · 1981

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