Hyperlawhypertext legal databasebeta Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc. 47 N.Y.2d 796

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

47 N.Y.2d 796 Court N.Y. Decision date 1979-05-10 English

Contents

Majority

p. 796
Mortgagee Affiliates Corp. et al., Appellants, v Jerder Realty Services, Inc., et al., Defendants, and Murray Marcovitz, Respondent.
Argued March 29, 1979;
decided May 10, 1979
p. 797
APPEARANCES OF COUNSEL
Martin I. Shelton and John B. Grant, Jr., for appellants.
Julius Zizmor for respondent.

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

p. 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.