Pacek v. Ferrar

— Order affirmed, with ten dollars costs and disbursements. Memorandum: No personal service of the summons and complaint in the foreclosure action was made on the respondent Ferrar. The entry of a deficiency judgment against him, therefore, was absolutely void for lack of jurisdiction of his person. The Supreme Court has inherent power to vacate a judgment so entered. (Civ. Prac. Act, § 1083; Matter of Rudgers, 250 App. Div. 359; Matter of Battalico v. Knickebocker Fireproofing Co., Id. 258; motion for leave to appeal denied, 274 N. Y. 641; Kamp v. Kamp, 59 id. 212.) Nor has Ferrar appeared…