155 Misc. 793 | N.Y. App. Term. | 1935
The sole question involved herein is whether section 52-a of the Vehicle and Traffic Law applies to this defendant, who is a resident of New York city, but absent therefrom for more than thirty days attending college in another State. The section permits service of a summons on residents who remove from the State prior to the commencement of an action against them and who shall have been absent therefrom for more than thirty days continuously, by delivery of the summons to the Secretary of State and by mailing or delivery to defendant outside the State. The language used in both the title and the text of the section indicate it was intended to apply to those who were residents of the State at the time the cause of action accrued, who have since changed their residence to another State. The use of the word “ remove ” indicates an intention to require more than a temporary absence. In Kurland v. Chernobil (260 N. Y. 254)
Order affirmed, with ten dollars costs.
All concur; present, Lydon, Callahan and Frankenthaler, JJ.