HAYES v. AERONAVES DE MEXICO


31 Misc.2d 796 (1961)

Jesse R. Hayes et al., Plaintiffs, v. Aeronaves De Mexico, S. A., et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 7, 1961


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens for William B. Poe, defendant appearing especially.

Martin M. Kolbrener for plaintiffs.


THOMAS P. FARLEY, J.

In this action for personal injuries arising out of an aircraft accident, defendant Poe, appearing specially, moves to set aside service of process on the grounds that the court lacks jurisdiction over his person. Service upon the movant was made pursuant to section 250 of the General Business Law, which provides inter alia that "use" or "operation" of an aircraft in the State of New York by a nonresident

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