From Casetext: Smarter Legal Research

Gay v. Laurent

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 411 (N.Y. App. Div. 1992)

Opinion

January 14, 1992

Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).


In this action for personal injuries arising out of an automobile accident, plaintiff attempted to serve defendant Thera pursuant to Vehicle and Traffic Law § 253, by delivering a copy of the summons and complaint to the Secretary of State and mailing a copy to defendant's last known address in Montreal, Canada. Although the papers mailed to defendant were returned with the notation "Moved", we agree with the IAS court that service was proper (Bingham v. Ryder Truck Rental, 110 A.D.2d 867), since the record indicates that defendant was still living at the address to which plaintiff forwarded the summons and complaint at the time of the attempted service. Under these circumstances, a strict application of Vehicle and Traffic Law § 253 (2) is not warranted (see, Ingber v. Morrison, 57 Misc.2d 669).

Concur — Sullivan, J.P., Kupferman, Ross, Kassal and Smith, JJ.


Summaries of

Gay v. Laurent

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 411 (N.Y. App. Div. 1992)
Case details for

Gay v. Laurent

Case Details

Full title:TAYLOR GAY, Respondent, v. ADIE J. LAURENT, Defendant, and NICHOLAS THERA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 14, 1992

Citations

179 A.D.2d 411 (N.Y. App. Div. 1992)

Citing Cases

Cantara v. Peeler

Defendants are Canadian citizens who were involved in a multi-vehicle accident on Route 190 in Erie County.…