HARRISON v. MALCOLM


186 A.D.2d 502 (1992)

William Harrison, Respondent, v. Albert E. Malcolm, Defendant, and Shirley Rasheed, Appellant

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

October 29, 1992


Where a non-resident vehicle owner grants permission for another to operate the vehicle in this State, and such operation results in tortious injury, an action may be commenced in our courts against such owner by service of process upon the Secretary of State (Vehicle and Traffic Law § 253). When the owner's consent is contested, personal jurisdiction under section 253 becomes dependent upon resolution of that substantive question. A contested issue of consent becomes...

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