Mishkind-Feinberg Realty Co. v. . Sidorsky
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 9, 1906, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 9, 1906, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Ho jurisdiction was ever acquired by the service of the summons by publication on Mary Rabinovitch because the order for the publication of the summons was jurisdictionally defective and did not comply with the provisions of the Code of Civil Procedure. (Code Civ. Pro.…
1Opinion of the CourtChase, J.
A controversy exists between the parties to this action as to whether the title to certain real property is marketable. Tbe only question relating thereto discussed in fhis court is as to whether the interest of one Rabinovitch, a ' mortgagee of said real property, was cut off by a judgment and sale in an action to foreclose a prior mortgage thereon. She was made a party defendant to the action and being a non-resident of the state an application was made for an order directing the service of a summons upon her without the state or by publication. An order was granted which directed the…
2Cases cited3 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Van Wyck v. HardyNew York Court of Appeals · 1861
3Cited by30 opinions
- Merrick v. MerrickNew York Court of Appeals · 1934
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Stock v. MannNew York Court of Appeals · 1930
- Fox v. McGrathCourt of Appeals for the Second Circuit · 1945
- Stewart v. Transcontinental Car Forwarding Co.New York Supreme Court · 1938
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