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KOHLER v. DERDERIAN

187 F.Supp. 173 (1960)

Adolph KOHLER, Plaintiff, v. Paul DERDERIAN, Defendant.

United States District Court S. D. New York.

September 16, 1960.

Attorney(s) appearing for the Case

Zuckerberg & Zuckerberg, New York City, for plaintiff. William Zuckerberg, New York City, of counsel.

Grenville T. Keogh, Jr., New Rochelle, N. Y., for defendant.

DAWSON, District Judge.

Defendant has filed a special appearance and moved that service be quashed because of insufficiency of process and insufficiency of service of process.

The case concerns a suit by a New York resident against a nonresident motorist. Section 52 of the Vehicle and Traffic Law,1 in pertinent part, provides:

"§ 52(a) * * * Service of [the summons on nonresidents] shall be made by mailing a copy...

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