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SYMONDS v. ROOT

107 A.D.2d 1071 (1985)

Clifford A. Symonds, Appellant, v. Delores Root, Respondent

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

January 29, 1985

Order unanimously affirmed, without costs.

Memorandum:

On January 13, 1984, three years and three days after he was injured in an automobile accident, plaintiff made service of the summons and complaint upon the Secretary of State pursuant to section 253 of the Vehicle and Traffic Law. However, the mailing required by subdivision 2 of that section was never made.

On February 14, 1984, plaintiff procured...

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