Bingham v. Ryder Truck Rental, Inc.

Following an accident in December 1979 in Queens County, plaintiffs Belinda and Charles Bingham and Allegra Warren attempted service on the nonresident operator defendant Wayne Peredoe pursuant to Vehicle and Traffic Law § 253. The Binghams’ process was returned marked “Addressee Moved — No Forwarding Address”. Warren’s process was accepted seven months later at the same address by one other than Peredoe. Answers were interposed on behalf of Peredoe by the attorneys representing his employer and codefendant, Ryder Truck Rental, Inc., wherein the affirmative defenses of lack of personal…