Kelly v. Schramm
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Manning, J.:
The question which the parties to this controversy seek a determination of, is the validity of a judgment of foreclosure and sale, rendered in an action in the Supreme Court, Queens county, as to a defendant served without the State of New York.
*378The plaintiff has derived title to the real property affected by the judgment in foreclosure, and has contracted to sell such property to the defendant.
The defendant has rejected the title upon the ground that an affidavit of service of the summons and complaint made upon one Emma M. Partello, by Ralph E. Flesher, a deputy sheriff of McLean…
2Cases cited4 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
- Maples v. . MacKeyNew York Court of Appeals · 1882
- Lindsley v. Van CortlandtNew York Supreme Court · 1893
3Cited by4 opinions
- Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946
- Raynor v. RaynorAppellate Division of the Supreme Court of the State of New York · 1951
- Gordon v. GordonNew York Supreme Court · 1959
- JPMorgan Chase Bank, National Ass'n v. DiazNew York Supreme Court · 2017