Appellate Division of the Supreme Court of New York, 1944

Fink v. Thompson

Fink v. Thompson
Appellate Division of the Supreme Court of New York · Decided June 19, 1944
268 A.D. 786; 50 N.Y.S.2d 458; 1944 N.Y. App. Div. LEXIS 3476
Fink v. Thompson

Opinion of the Court

Order denying appellant’s motion to set aside the service of a summons and com*787plaint affirmed, with ten dollars costs and disbursements. The service was properly made under section 52-a of the Vehicle and Traffic Law. Appellant’s rights by reason of being in the armed forces can be adequately protected under the Military Law and the regulations respecting the Military Suspense Calenda r. [Buies of Appellate Division, Second Department, Special Rule Two.] Cars-well, Acting P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur. [See 269 App. Div. 707.]

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