DI FIORE v. ERIE-LACKAWANNA R.R. CO.


67 N.J. Super. 267 (1961)

170 A.2d 521

LOUIS DI FIORE AND JOHN DI FIORE, INFANTS, BY THEIR GUARDIAN AD LITEM GRACE SCHULTZ, AND GRACE SCHULTZ, INDIVIDUALLY, PLAINTIFFS, v. ERIE-LACKAWANNA RAILROAD COMPANY, A NEW YORK CORPORATION, AND JAMES CANNELLA, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 6, 1961.


Attorney(s) appearing for the Case

Messrs. Milton M. & Adrian M. Unger (Mr. Joseph Ginsburg, appearing), attorneys for plaintiffs.

Mr. Richard B. Wachenfeld (Mr. John P. Walsh, appearing), attorney for defendant Erie-Lackawanna Railroad Company.

Messrs. Lamb, Langan & Blake (Mr. Joseph T. Ryan, appearing), attorneys for defendant James Cannella.


MATTHEWS, J.C.C. (temporarily assigned).

Defendant James Cannella moves to set aside service of process made upon him through the Director of the Division of Motor Vehicles, on the ground that he did not cease to become a resident of New Jersey, as required by N.J.S.A. 39:7-2.1 for such substituted service.

The facts surrounding service through the Director are as follows:

On or about April 13, 1958, Cannella, while driving his motor vehicle...

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