Gallagher v. Price

Motion by the defendant Price for an order dismissing a complaint in a negligence action on the ground that plaintiff’s alleged cause of action is barred by the three-year Statute of Limitations.

Service upon defendant was made, or attempted to be made, on the Secretary of State in compliance with sections 253 and 254 of the Vehicle and Traffic Law. 'Section 253 provides in substance that the operation of a motor vehicle in this State by a nonresident shall be deemed equivalent to an appointment by such nonresident of the Secretary of State to be his true and lawful attorney upon whom may be…