Catalano v. Maddux

City of New York Municipal Court

Catalano v. Maddux

175 Misc. 24, 22 N.Y.S.2d 149, 1940 N.Y. Misc. LEXIS 2085

CourtCity of New York Municipal Court

DecidedJuly 23, 1940

StatusPublished

Cited by4 cases

This text of 175 Misc. 24 (Catalano v. Maddux) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catalano v. Maddux, 175 Misc. 24, 22 N.Y.S.2d 149, 1940 N.Y. Misc. LEXIS 2085 (N.Y. Super. Ct. 1940).

Pincite

Opinion

Wedemeyer, J.

Motion for an order vacating and setting aside the service of the summons and complaint upon the defendant Henry C. Maddux is granted. The accident occurred upon the grounds of the New York World’s Fair, Flushing, Long Island, on-June 18, 1939. It is, therefore, my opinion that the .automobile of the defendant Maddux (a non-resident of the State) was not being operated upon a public highway at the time of the occurrence complained of, but upon private grounds. Under such circumstances the service of the summons and complaint upon said defendant, pursuant to section 52 of the Vehicle and Traffic Law, was improper and ineffectual. This section has no application where an accident or collision in which a non-resident may be involved occurs whale operating a motor vehicle on private property.

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Wedemeyer, J.

Motion for an order vacating and setting aside the service of the summons and complaint upon the defendant Henry C. Maddux is granted. The accident occurred upon the grounds of the New York World’s Fair, Flushing, Long Island, on-June 18, 1939. It is, therefore, my opinion that the .automobile of the defendant Maddux (a non-resident of the State) was not being operated upon a public highway at the time of the occurrence complained of, but upon private grounds. Under such circumstances the service of the summons and complaint upon said defendant, pursuant to section 52 of the Vehicle and Traffic Law, was improper and ineffectual. This section has no application where an accident or collision in which a non-resident may be involved occurs whale operating a motor vehicle on private property.

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Bluebook (online)

175 Misc. 24, 22 N.Y.S.2d 149, 1940 N.Y. Misc. LEXIS 2085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catalano-v-maddux-nynyccityct-1940.

Opinion

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