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Shaw v. Russell

459 N.E.2d 149, 60 N.Y.2d 922, 471 N.Y.S.2d 40, 1983 N.Y. LEXIS 3561
CourtNew York Court of Appeals
DecidedNovember 23, 1983
StatusPublished
Cited by11 cases

This text of 459 N.E.2d 149 (Shaw v. Russell) 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
Shaw v. Russell, 459 N.E.2d 149, 60 N.Y.2d 922, 471 N.Y.S.2d 40, 1983 N.Y. LEXIS 3561 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division. A party to a foreclosure propeeding who appears and waives service of the papers but who reserves the right to receive notice of sale is entitled to service of such notice in the ordinary manner in which papers are to be served upon a party in a pending action (see CPLR 2103). Notice by publication pursuant to RPAPL 231 is insufficient to comply with that requirement.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
459 N.E.2d 149, 60 N.Y.2d 922, 471 N.Y.S.2d 40, 1983 N.Y. LEXIS 3561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-russell-ny-1983.