Shaw v. Russell — 60 N.Y.2d 922

Majority

p. 922

Robert C. Shaw, Appellant, v Walter S. Russell et al., Defendants, and Marine Midland Bank, N. A., Respondent.

Decided November 23, 1983

p. 924

APPEARANCES OF COUNSEL

Ronald L. Newell and Garfield P. Raymond for appellant.

Margaret T. Morovich for respondent.

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.