Legal Opinion

Jamestead Realty Corp. v. Cohen

New York Supreme Court

Decided March 2, 1948Published

1Opinion of the CourtFroessel, J.

The plaintiff, in an action to foreclose a transfel of tax lien, moves for an order appointing a temporary receiver of the rents, issues and profits of the premises covered thereby.

The defendant, Lillian Cohen, appearing specially herem by her attorney, opposes the application on the merits, upon various grounds. Of course, it is well settled that a party who intends *558to appear specially must rely solely on the jurisdictional question (Dreskin v. Dreskin, 73 N. Y. S. 2d 764). He may not in one breath say that the court has no . jurisdiction of his person and then in the nest defend on the…

2Cases cited10 opinions

  1. Braman v. BramanAppellate Division of the Supreme Court of the State of New York · 1932
  2. Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
  3. Montgomery v. East Ridgelawn CemeteryNew York Supreme Court · 1943
  4. Montgomery v. East Ridgelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1944
  5. Laber v. LaberAppellate Division of the Supreme Court of the State of New York · 1918

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