Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.

New York Court of Appeals

Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.

391 N.E.2d 1011, 47 N.Y.2d 796, 417 N.Y.S.2d 930, 1979 N.Y. LEXIS 2060

New York Court of Appeals·Decided May 10, 1979·Published·Cited by 22 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by Mr. Justice Vincent D. Damiani in his opinion at the Appellate Division insofar as it relates to the defendant Murray Marcovitz. We would note, however, that when, as here, the statute (Real Property Ac *798 tions and Proceedings Law, § 1371) and the show cause order expressly provide that the defendant be served within a specified time, unsuccessful attempts to locate the defendant in order to serve him within that period cannot be said to satisfy the requirements of the statute or the court’s order, even if the defendant had actual knowledge of the order or the plaintiffs alleged attempt to serve it.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by Mr. Justice Vincent D. Damiani in his opinion at the Appellate Division insofar as it relates to the defendant Murray Marcovitz. We would note, however, that when, as here, the statute (Real Property Ac *798 tions and Proceedings Law, § 1371) and the show cause order expressly provide that the defendant be served within a specified time, unsuccessful attempts to locate the defendant in order to serve him within that period cannot be said to satisfy the requirements of the statute or the court’s order, even if the defendant had actual knowledge of the order or the plaintiffs alleged attempt to serve it.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed, with costs, in a memorandum.

Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc., 391 N.E.2d 1011, 47 N.Y.2d 796, 417 N.Y.S.2d 930, 1979 N.Y. LEXIS 2060 (N.Y. 1979).

Pincite

391 N.E.2d 1011 (Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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