Ordered that the order is affirmed, with costs.
Although we agree with the Supreme Court's conclusion that jurisdiction was never obtained over the defendant, we do so for different reasons. It is clear from the record that the plaintiffs failed to properly serve the defendant, a Canadian resident, under the provisions of Vehicle and Traffic Law § 253 (2). That statute provides, in part, that service upon a nonresident may be made by serving the Secretary of...
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