New York Court of Appeals, 1979

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

New York Court of Appeals · Decided May 10, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur

47 N.Y.2d 796; 391 N.E.2d 1011; 417 N.Y.S.2d 930; 1979 N.Y. LEXIS 2060

Cases that cite this one

22 later published cases cite this decision.

FIRST UNITED BANK AND TRUST CO. v. Wiley (Okla. Civ. App. 2007)
Segal v. Emmes Capital, L.L.C. (Tex. App. 2004)
Krock v. Lipsay (2d Cir. 1996)
Krock v. Lipsay (2d Cir. 1996)
Trustco Bank v. The Preserve Dev. Group Co., LLC (Appellate Division of the Supreme Court of New York 2021)
M&T REAL ESTATE TRUST v. DOYLE, II, JAMES J. (Appellate Division of the Supreme Court of New York 2012)
Norwest Mortgage, Inc. v. Brown (Appellate Division of the Supreme Court of New York 2006)
730 J & J, LLC v. Williams (Appellate Division of the Supreme Court of New York 2005)
Segal, Richard and Judith Joe Fogarty and Nancy Fogarty v. Emmes Capital, LLC (Tex. App. 2004)
Hammerstein v. Henry Mountain Corp. (Appellate Division of the Supreme Court of New York 2004)
Arbor National Commercial Mortgage, LLC v. Carmans Plaza, LLC (Appellate Division of the Supreme Court of New York 2003)
First Nationwide Bank v. Pegasus Agency, Inc. (Appellate Division of the Supreme Court of New York 1998)
Whiteman v. Yeshiva & Mesivta Torah Temimah (Appellate Division of the Supreme Court of New York 1998)
Deck v. Merrimack Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 1997)
Gateway State Bank v. Puma (Appellate Division of the Supreme Court of New York 1996)
Cespedes v. City of New York (Appellate Division of the Supreme Court of New York 1991)
Voss v. Multifilm Corp. of America (Appellate Division of the Supreme Court of New York 1985)
Amsterdam Savings Bank v. Amsterdam Pharmaceutical Development Corp. (Appellate Division of the Supreme Court of New York 1984)
Bagdy v. Progresso Foods Corp. (Appellate Division of the Supreme Court of New York 1982)
Procco v. Kennedy (Appellate Division of the Supreme Court of New York 1982)
Baccari v. De Santi (Appellate Division of the Supreme Court of New York 1979)
Price v. Erie County Board of Elections (Appellate Division of the Supreme Court of New York 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.