DEREDITO v. WINN


23 A.D.2d 849 (1965)

Thomas Deredito, an Infant, by His Father and Natural Guardian Carmine Deredito, et al., Respondents, v. Walter Winn et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 1965


Order reversed, without costs; motion granted; and service of the summons and complaint upon the defendants Winn vacated.

In our opinion, under the facts and circumstances of this action — which is one to recover money damages only from out-of-State tort-feasors by reason of their alleged negligence — it must be held that article 3 of the CPLR does not authorize service by publication upon the two nondomiciliary...

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