BERNARDO v. BARRETT


87 A.D.2d 832 (1982)

Michael Bernardo, an Infant, by His Father and Natural Guardian, Clement Bernardo, et al., Respondents, v. Mary A. Barrett, Appellant

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

April 12, 1982


Order reversed, on the law and the facts, with costs, and motion to dismiss the complaint granted.

This is an action to recover damages, inter alia, for personal injuries alleged to have been sustained on August 13, 1974, as a result of the negligence of the defendant in the operation of her motor vehicle. Service was allegedly effectuated pursuant to the "nail and mail" provisions of CPLR 308 (subd 4) on July 11, 1977. In her answer, defendant asserted the...

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