29 A.D.2d 562 | N.Y. App. Div. | 1967
In an action to recover damages for wrongful death, pain, medical expenses, etc., defendant Riley appeals from an order of the Supreme Court, Kings 'County, dated May 8, 1967, which denied his motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion to dismiss said defendant’s affirmative defenses of the Statute of Limitations. Order affirmed, with $30 costs and disbursements. It is alleged in the complaint that plaintiff’s intestate was struck by a motor vehicle owned by defendant Riley and operated by defendant 'Sanseverino (who has not heen served with process). Sanseverino gave the police and set forth in his accident report an incorrect address as that of Riley. Riley was a nonresident of this State at the time of the accident and, therefore, was not amenable to process. The
