Home/New York Court of Appeals/Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.

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
CourtNew York Court of Appeals
DecidedMay 10, 1979
StatusPublished
Cited by22 cases

This text of 391 N.E.2d 1011 (Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
391 N.E.2d 1011, 47 N.Y.2d 796, 417 N.Y.S.2d 930, 1979 N.Y. LEXIS 2060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mortgagee-affiliates-corp-v-jerder-realty-services-inc-ny-1979.