Secured Casualty Insurance v. Sinelnikoff

In an action for a declaratory judgment, the appeal is from an order granting respondent’s motion to vacate and set aside <he service of the summons and complaint effected under section 52 of the Vehicle and Traffic Law. The action is for a judgment declaring the rights and legal relations of the parties arising out of an automobile liability policy, issued by appellant to respondent in Michigan, where respondent resides, and was instituted after respondent’s car was involved in an accident in this State. Appellant seeks to disclaim liability under the policy on the ground that respondent…