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METCALF v. COWBURN

44 A.D.2d 650 (1974)

Marion Metcalf et al., Respondents, v. Clark G. Cowburn, Appellant

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

March 4, 1974

Order unanimously reversed, with costs, and motion granted.

Memorandum:

Defendant appeals from an order of Supreme Court at Special Term denying his motion to vacate the purported service of a summons. Plaintiffs were passengers in an automobile owned and operated by defendant, a resident of Pennsylvania, when it was involved in a one-car accident in this State on November 16, 1968. They caused a summons and notice to be served personally upon the Secretary...

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