BROWN v. HERTZ DRIVURSELF STATIONS


203 Misc. 728 (1952)

Harry Brown, Plaintiff, v. Hertz Drivurself Stations, Incorporated, Eastern States, Defendant.

Supreme Court, Special Term, Kings County.

September 23, 1952.


Attorney(s) appearing for the Case

John W. Trapp for defendant appearing specially.

Herman Nash for plaintiff.


HART, J.

Defendant, a nonresident corporation, moves to vacate the constructive service of process on it purportedly effected pursuant to the provisions of section 52 of the Vehicle and Traffic Law. This statute provides that "the operation in this state of a motor vehicle * * * owned by a nonresident * * * with his consent, express or implied, shall be deemed equivalent to an appointment by such nonresident...

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