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SHIPPEY v. BERKEY

6 A.D.2d 473 (1958)

Richard J. Shippey, Appellant, v. William Berkey, Respondent Richard J. Shippey, as Administrator of The Estate of Carol A. Shippey, Deceased, Appellant, v. William Berkey, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1958.

Attorney(s) appearing for the Case

Lusk, Folmer, Ryan & Fenstermacher (Paul J. Yesawich, Jr., of counsel), for appellant.

Hancock, Dorr, Ryan & Shove (John F. Gates and Edward Rook of counsel), for respondent appearing specially.

FOSTER, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, J.

Venue in these actions for wrongful death and personal injuries is laid in Cortland County in the Sixth Judicial District. Defendant, who is a nonresident of New York, was not personally in the State at the time of accident. The summons was served in accordance with section 52 of the Vehicle and Traffic Law, and personal jurisdiction of defendant depends on...

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