New York Court of Appeals, 1983

Shaw v. Russell

New York Court of Appeals · Decided November 23, 1983

60 N.Y.2d 922; 459 N.E.2d 149; 471 N.Y.S.2d 40; 1983 N.Y. LEXIS 3561

Cases that cite this one

11 later published cases cite this decision.

Federal Home Loan Mortgage Corp. v. Dutch Lane Associates (District Court, S.D. New York 1992)
Aetna Life Insurance v. Avalon Orchards, Inc. (Appellate Division of the Supreme Court of New York 1984)
38-12 Astoria Blvd., LLC v. Ramos (Appellate Division of the Supreme Court of New York 2022)
Amtrust-NP SFR, Venture, LLC v. Emmel (Appellate Division of the Supreme Court of New York 2016)
CME Group, Ltd. v. Cellini (New York Supreme Court 1997)
Pol-Tek Industries Ltd. v. Panzarella (Appellate Division of the Supreme Court of New York 1996)
East River Savings Bank v. Curtis (Appellate Division of the Supreme Court of New York 1996)
Lajos v. Erps (Appellate Division of the Supreme Court of New York 1991)
Todd Supply, Inc. v. Hodgkiss (Appellate Division of the Supreme Court of New York 1987)
Aetna Life Insurance v. Avalon Orchards, Inc. (Appellate Division of the Supreme Court of New York 1986)
Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co. (Appellate Division of the Supreme Court of New York 1983)

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 of the Court

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.

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