TOGLIA v. ERRINGTON


35 Misc.2d 691 (1962)

Louis Toglia, Plaintiff, v. Robert N. Errington, as Executor of Edward Varzos, Deceased, Defendant.

Supreme Court, Westchester County.

Reargument August 21, 1962.


Attorney(s) appearing for the Case

Howard H. Schrecke for defendant appearing specially. Frank C. Praete, Jr., for plaintiff.


FRANK S. McCULLOUGH, J.

This is a motion by the defendant appearing specially for an order vacating the purported service of the summons and complaint under section 254 of the Vehicle and Traffic Law. The action arises out of an automobile accident which occurred on March 17, 1959 when the defendant's testator was the operator of a motor vehicle which was in collision with an automobile wherein the plaintiff was a passenger. Subsequent to the date of...

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