Aranzullo v. Collins Packing Co.
| Decision Date | 23 April 1963 |
| Citation | 239 N.Y.S.2d 398,18 A.D.2d 1068 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Richard ARANZULLO, an infant, by his Guardian ad Litem, Edith Napoli, Plaintiff-Appellant, v. COLLINS PACKING COMPANY, Defendant-Respondent. |
H. Grey, New York City, for plaintiff-appellant.
R. J. Burke, New York City, for defendant-respondent.
Before BREITEL, J. P., and McNALLY, STEVENS, EAGER and STEUER, JJ.
Order entered August 24, 1961, granting defendant's motion to set aside service of summons and complaint herein, and order entered October 11, 1961, granting reargument but, after reconsideration, adhering to original decision granting said motion, unanimously reversed on the law, with one bill of costs, and motion denied with $10 costs. The complaint alleges that, at the time of the accident, a tractor trailer owned by the defendant, a foreign corporation, and used for the delivery of goods in the City of New York, was being unloaded of the goods at a loading platform of plaintiff's employer in the city, and that the plaintiff, while engaged in unloading the truck, was caused to fall upon the floor of the truck by reason of the alleged negligent condition of the floor. These allegations establish the action as one embraced by the provisions of Section 253 of the Vehicle and Traffic Law Chapter 568 of Laws of 1958, providing for service of process on the Secretary of State, namely, an action 'growing out of' an accident occurring in the 'use or operation' in this state of a vehicle of a non-resident in his business or with his permission, express or implied. The Law Revision Commission had occasion to study the said Section 253 (formerly Section 52) as it read prior to the amendment by the Laws of 1958, and pointed out that serious questions had arisen (1958 Law Revision Report, page 648, citing Mulligan v. Jersey Truck Renters, 196 Misc. 828, 95 N.Y.S.2d 232; Brown v. Hertz Drivurself Stations, 203 Misc. 728, 116 N.Y.S.2d 412; DeLuca v. Consolidated Freight Lines, D.C., 132 F.Supp. 863.) So, the Commission recommended the 1958 amendments, adding the words 'use'...
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...and Traffic Law § 253 ( see Fernandez v. Univan Leasing, 15 A.D.3d at 344–345, 790 N.Y.S.2d 155; see also Aranzullo v. Collins Packing Co., 18 A.D.2d 1068, 239 N.Y.S.2d 398 [1963], affd. 14 N.Y.2d 578, 248 N.Y.S.2d 874, 198 N.E.2d 255 [1964] ). Inasmuch as we further reject defendants' argu......
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...United States Fidelity & Guaranty Co., 247 App.Div. 335, 287 N.Y.S. 38, affd. 273 N.Y. 473, 6 N.E.2d 410. Cf. Aranzullo v. Collins Packing Company, 18 A.D.2d 1068, 239 N.Y.S.2d 398.) Moreover, the further provisions in the policy that 'the unqualified word 'Insured' includes the named Insur......
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Cosmopolitan Mut. Ins. Co. v. Baltimore & Ohio R.R. Co.
...States Fidelity & Guaranty Co., 247 App.Div. 335, 287 N.Y.S. 38, affd. 273 N.Y. 473, 6 N.E.2d 410. Cf. Aranzullo v. Collins Packing Company, 18 App.Div.2d 1068, 239 N.Y.S.2d 398.) Moreover, the further provisions in the policy that 'the unqualified word 'Insured' includes the named Insured ......
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...Defendant's truck in this case? In the Court's opinion, they did not. Plaintiff cites the New York cases of Aranzullo v. Collins Packing Company, 18 A.D.2d 1068, 239 N.Y.S.2d 398, and Landolphi v. Wilhelmsen, 39 Misc.2d 950, 241 N.Y.S.2d 942, in support of his contention that an unloading a......