Berkowitz v. Dunphy

The summons and complaint in this action were served upon the defendant, who is a non-resident, under the provisions of section 52 of the Vehicle and Traffic Law (as amd. by Laws of 1930, chap. 57). The service in this case was made by serving a copy of the summons and complaint at the office of the Secretary of State in New York city, and by sending a copy by registered mail to the defendant at his residence outside of the State of New York. The defendant now moves to set aside the service and to dismiss the action, on the ground that no jurisdiction of the defendant has been acquired.

At…