WEITZMAN v. POTTAK


31 Misc.2d 52 (1961)

Sandra Weitzman, an Infant, by Nathan Weitzman, Her Guardian ad Litem, Plaintiff, v. Howard Pottak et al., Defendants.

Supreme Court, Special Term, Bronx County.

July 5, 1961


Attorney(s) appearing for the Case

Raymond J. MacDonnell for defendants. David A. Goldner for plaintiff.


CHARLES A. LORETO, J.

Motion to set aside the purported service of a summons, pursuant to sections 253 and 254 of the Vehicle and Traffic Law.

Section 253 requires, inter alia, that proof of service by mail upon a nonresident be supported by either the return receipt accompanying a registered letter or by the returned envelope showing that receipt of the letter was refused. Here the summons and complaint were mailed to defendant Marshak...

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