New York Court of Appeals

National Surety Company, Respondent v. Benjamin A. Ruffin, Appellant

May 4, 1926242 N.Y. 413

Summary

The New York Court of Appeals affirmed the judgment, holding that the plaintiff's cause of action was not barred by the statute of limitations because section 401 applies to a non‑resident defendant who first entered the state when served. The court interpreted the term “return” in section 401 liberally to include such a first‑time entry.