Mortgagee Affiliates Corp. v. Jerder Realty Servs., Inc., 391 N.E.2d 1011 (N.Y. 1979). · Go Syfert
Search
Mortgagee Affiliates Corp. v. Jerder Realty Servs., Inc., 391 N.E.2d 1011 (N.Y. 1979). Cases Citing This Book View Copy Cite
30 citation events (13 in the last 25 years) across 4 distinct courts.
Strongest negative: Hammerstein v. Henry Mountain Corp. (nyappdiv, 2004-10-28)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "but see" Hammerstein v. Henry Mountain Corp.
N.Y. App. Div. · 2004 · signal: but see · confidence high
Disabilities, 95 AD2d 135, 136-137 [1983], revd on other grounds 62 NY2d 921 [1984]; but see Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591, 594-595 [1978], affd 47 NY2d 796 [1979]; Worth v Speenburgh, 322 NYS2d 319 [1971]).
Retrieving the full opinion text from the archive…
Mortgagee Affiliates Corp. Et Al., Appellants,
v.
Jerder Realty Services, Inc., Et Al., Defendants, and Murray Marcovitz, Respondent
New York Court of Appeals.
May 10, 1979.
391 N.E.2d 1011
1979 N.Y. LEXIS 2060
APPEARANCES OF COUNSEL, Martin I. Shelton and John B. Grant, Jr., for appellants., Julius Zizmor for respondent.
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur.
Cited by 22 opinions  |  Published

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.