Grandison v. College Truck Renting Corp.

This action was brought to recover damages for personal injuries arising out of an intersection collision. Plaintiff was a passenger in defendant Zimmerman’s automobile.

Zimmerman, a nonresident of the State of New York, was served with process pursuant to section 253 of the Vehicle and Traffic Law which provides in pertinent part that: “ The plaintiff shall file with the clerk of the court * * * if acceptance was refused by the defendant or his agent, the original envelope bearing a notation by the postal authorities that receipt was refused, and an affidavit by or on behalf of the plaintiff…