Shelton v. Johnson

Order reversed on the law, with $10 costs and disbursements and motion granted, with $10 costs. Memorandum: The learned Special Term, in our opinion, erred in construing the language of section 52-a of the Vehicle and Traffic Law to permit substituted service provided under section 52 of said Vehicle and Traffic Law upon the administratrix of a deceased resident motorist of the State of New York who was killed in a motor vehicle accident while operating his automobile upon the highways of this State. Following her appointment, the administratrix departed from the State and has remained absent…