§ 253. Service of summons on non-residents.
1.The use or operation by\na non-resident of a vehicle in this state, or the use or operation in\nthis state of a vehicle in the business of a non-resident, or the use or\noperation in this state of a vehicle owned by a non-resident if so used\nor operated with his permission, express or implied, shall be deemed\nequivalent to an appointment by such non-resident of the secretary of\nstate to be his true and lawful attorney upon whom may be served the\nsummons in any action against him, growing out of any accident or\ncollision in which such non-resident may be involved while using or\noperating such vehicle in this state or in which such vehicle may be\ninvolved while being used or operated in this state in the business of\nsuch non-resident o
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§ 253. Service of summons on non-residents. 1. The use or operation by\na non-resident of a vehicle in this state, or the use or operation in\nthis state of a vehicle in the business of a non-resident, or the use or\noperation in this state of a vehicle owned by a non-resident if so used\nor operated with his permission, express or implied, shall be deemed\nequivalent to an appointment by such non-resident of the secretary of\nstate to be his true and lawful attorney upon whom may be served the\nsummons in any action against him, growing out of any accident or\ncollision in which such non-resident may be involved while using or\noperating such vehicle in this state or in which such vehicle may be\ninvolved while being used or operated in this state in the business of\nsuch non-resident or with the permission, express or implied, of such\nnon-resident owner; and such use or operation shall be deemed a\nsignification of his agreement that any such summons against him which\nis so served shall be of the same legal force and validity as if served\non him personally within the state and within the territorial\njurisdiction of the court from which the summons issues, and that such\nappointment of the secretary of state shall be irrevocable and binding\nupon his executor or administrator. Where such non-resident has died\nprior to the commencement of an action brought pursuant to this section,\nservice of process shall be made on the executor or administrator of\nsuch non-resident in the same manner and on the same notice as is\nprovided in the case of the non-resident himself. Where an action has\nbeen duly commenced under the provisions of this section against a\nnon-resident who dies thereafter, the court must allow the action to be\ncontinued against his executor or administrator upon motion with such\nnotice as the court deems proper.\n 2. A summons in an action described in this section may issue in any\ncourt in the state having jurisdiction of the subject matter and be\nserved as hereinafter provided. Service of such summons shall be made by\nmailing a copy thereof to the secretary of state at his office in the\ncity of Albany, or by personally delivering a copy thereof to one of his\nregularly established offices, with a fee of ten dollars, and such\nservice shall be sufficient service upon such non-resident provided that\nnotice of such service and a copy of the summons and complaint are\nforthwith sent by or on behalf of the plaintiff to the defendant by\ncertified mail or registered mail with return receipt requested. The\nplaintiff shall file with the clerk of the court in which the action is\npending, or with the judge or justice of such court in case there be no\nclerk, an affidavit of compliance herewith, a copy of the summons and\ncomplaint, and either a return receipt purporting to be signed by the\ndefendant or a person qualified to receive his certified mail or\nregistered mail, in accordance with the rules and customs of the\npost-office department; or, if acceptance was refused by the defendant\nor his agent, the original envelope bearing a notation by the postal\nauthorities that receipt was refused, and an affidavit by or on behalf\nof the plaintiff that notice of such mailing and refusal was forthwith\nsent to the defendant by ordinary mail; or, if the registered or\ncertified letter was returned to the post office unclaimed, the original\nenvelope bearing a notation by the postal authorities of such mailing\nand return, an affidavit by or on behalf of the plaintiff that the\nsummons was posted again by ordinary mail and proof of mailing\ncertificate of ordinary mail. Where the summons is mailed to a foreign\ncountry, other official proof of the delivery of the mail may be filed\nin case the post-office department is unable to obtain such a return\nreceipt. The foregoing papers shall be filed within thirty days after\nthe return receipt or other official proof of delivery or the original\nenvelope bearing a notation of refusal, as the case may be, is received\nby the plaintiff. Service of process shall be complete when such papers\nare filed. The return receipt or other official proof of delivery shall\nconstitute presumptive evidence that the summons mailed was received by\nthe defendant or a person qualified to receive his certified mail or\nregistered mail; and the notation of refusal shall constitute\npresumptive evidence that the refusal was by the defendant or his agent.\nService of such summons also may be made by mailing a copy thereof to\nthe secretary of state at his office in the city of Albany, or by\npersonally delivering a copy thereof to one of his regularly established\noffices, with a fee of ten dollars, and by delivering a duplicate copy\nthereof with the complaint annexed thereto, to the defendant personally\nwithout the state by a resident or citizen of the state of New York or a\nsheriff, under-sheriff, deputy-sheriff or constable of the county or\nother political subdivision in which the personal service is made, or an\nofficer authorized by the laws of this state, to take acknowledgements\nof deeds to be recorded in this state, or an attorney and/or counselor\nat law, solicitor, advocate or barrister duly qualified to practice in\nthe state or country where such service is made, or by a United States\nmarshall or deputy United States marshall. Proof of personal service\nwithout the state shall be filed with the clerk of the court in which\nthe action is pending within thirty days after such service. Personal\nservice without the state is complete when proof thereof is filed. The\ncourt in which the action is pending may order such extensions as may be\nnecessary to afford the defendant reasonable opportunity to defend the\naction.\n 3. As used in this section, the term "vehicle" means a "motor\nvehicle," "motorcycle," "semitrailer," and "trailer" as defined in\nsections one hundred twenty-five, one hundred twenty-three, one hundred\nforty-three and one hundred fifty-six, respectively, of this chapter,\nwhether or not such vehicles are used or operated upon a public highway.\n