Fishman v. Sanders

Appellate Division of the Supreme Court of New York

Fishman v. Sanders

13 A.D.2d 993, 216 N.Y.S.2d 734, 1961 N.Y. App. Div. LEXIS 10213

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1961

StatusPublished

This text of 13 A.D.2d 993 (Fishman v. Sanders) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fishman v. Sanders, 13 A.D.2d 993, 216 N.Y.S.2d 734, 1961 N.Y. App. Div. LEXIS 10213 (N.Y. Ct. App. 1961).

Pincite

Opinion

In an action to recover damages for personal injuries sustained as the result of defendant’s alleged negligent operation of his motor vehicle, the defendant appearing specially appeals from an order of the Supreme Court, Westchester County, dated November 16, 1960, denying his motion to set aside service of process made pursuant to sections 253 and 254 of the Vehicle and Traffic Law (formerly §§ 52, 52-a). Order reversed on the law, without costs, motion granted and service of summons and complaint vacated. The mailing of process addressed to the defendant at the Lincoln Hall School, Lineolndale, Westchester County, New York, was an insufficient compliance with the statutes, under which, at the least, the communication must be addressed to the actual residence of the defendant (Bauman v. Fisher, 12 A D 2d 32). Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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In an action to recover damages for personal injuries sustained as the result of defendant’s alleged negligent operation of his motor vehicle, the defendant appearing specially appeals from an order of the Supreme Court, Westchester County, dated November 16, 1960, denying his motion to set aside service of process made pursuant to sections 253 and 254 of the Vehicle and Traffic Law (formerly §§ 52, 52-a). Order reversed on the law, without costs, motion granted and service of summons and complaint vacated. The mailing of process addressed to the defendant at the Lincoln Hall School, Lineolndale, Westchester County, New York, was an insufficient compliance with the statutes, under which, at the least, the communication must be addressed to the actual residence of the defendant (Bauman v. Fisher, 12 A D 2d 32). Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 993, 216 N.Y.S.2d 734, 1961 N.Y. App. Div. LEXIS 10213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishman-v-sanders-nyappdiv-1961.