Weitzman v. Pottak

Motion to set aside the purported service of a summons, pursuant to sections 253 and 254 of the Vehicle and Traffic Law.

Section 253 requires, inter alia, that proof of service by mail upon a nonresident be supported by either the return receipt accompanying a registered letter or by the returned envelope showing that receipt of the letter was refused. Here the summons and complaint were mailed to defendant Marshak’s last-*53known address in Los Angeles, but the letter was returned, marked only “unclaimed”. The filing of this envelope, so marked, does not appear to be compliance with the statute.…