Reed v. Lombardi

In this personal injury action the plaintiff served the summons in accordance with section 52 of the Vehicle *806and Traffic Law. The defendant, appearing specially by an attorney, seeks an order vacating and setting aside such service.

The defendant was inducted into the military service of the United States on January 1, 1943, and with the exception of the first four days of such service he has been stationed outside of the State of New York. He contends that for all legal purposes he continued to be a resident of Brooklyn, N. Y., and that, since section 52 of the Vehicle and Traffic Law is…