Citibank, N. A. v. Goldberg

OPINION OF THE COURT

F. Dana Winslow, J.

This action for foreclosure of a mortgage was commenced after defendant, Eugene Goldberg, killed his wife in the presence of his children. The present application of the estate of Janet *288Goldberg for an order dismissing the complaint based on a lack of jurisdiction, to set aside the judgment of foreclosure and sale and to transfer this matter to the Nassau County Surrogate’s Court, is determined as follows.

As an initial matter, the court finds actual personal service upon the defendant, Eugene Goldberg, pursuant to CPLR 308 (1), in jail, sufficient to…