Legal Opinion
Shaw v. Russell
New York Court of Appeals
Decided November 23, 1983PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division. A party to a foreclosure propeeding who appears and waives service of the papers but who reserves the right to receive notice of sale is entitled to service of such notice in the ordinary manner in which papers are to be served upon a party in a pending action (see CPLR 2103). Notice by publication pursuant to RPAPL 231 is insufficient to comply with that requirement.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer,…
2Cited by11 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Pol-Tek Industries Ltd. v. PanzarellaAppellate Division of the Supreme Court of the State of New York · 1996
- Aetna Life Insurance v. Avalon Orchards, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- 38-12 Astoria Blvd., LLC v. RamosAppellate Division of the Supreme Court of the State of New York · 2022
- Aetna Life Insurance v. Avalon Orchards, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
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