Legal Opinion
Leven v. Browne's Business School, Inc.
Nassau County District Court
Decided October 19, 1972PublishedCited by 3 opinions
1Opinion of the CourtFrancis J. Donovan, J.
This" is an application for a default money judgment in a summary proceeding for nonpayment of rent.
The notice and petition were served by delivery to an authorized member of the staff of the Secretary of State in Albany.
The question comes: Is petitioner limited to a judgment for possession as an in rem proceeding, or may we grant an in personam money judgment?
The difference between the in rem and in personam jurisdiction was established by judicial interpretation under the Civil Practice Act. (Matter of McDonald, 225 App. Div. 403.)
The same principle was applied in construing the successor…
2Cases cited2 opinions
- In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1929
- Wayside Homes, Inc. v. UptonNew York District Court · 1963
3Cited by3 opinions
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Ressa Family, LLC v. DorfmanNassau County District Court · 2002
- Puteoli Realty Corp. v. Mr. D's Fontana Di Trevi Restaurant, Inc.Suffolk County District Court · 1978