Legal Opinion

Seidenburg v. Pesce

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 1910PublishedCited by 3 opinions

Appeal by the plaintiff, Henry O. Seidenburg, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 19th day of November, 1909, denying the plaintiff’s motion to compel the specific performance by the purchaser of a contract for the sale of real property.

1Opinion of the Court

Hirschberg, P. J.:

The order appealed from was granted because of the alleged insufficiency of an affidavit on which. an order of publication was *233issued in a partition suit, the judgment in which affected the title to the premises purchased under foreclosure in this action. The criticism as to the affidavit was that, while it stated that certain defendants were non-residents of the State of New York, there was no suggestion that any effort had been made to serve them in this State, and, therefore, that there was nothing but the fact of their non-residence to indicate that they could not have…

2Cases cited4 opinions

  1. Carleton v. . CarletonNew York Court of Appeals · 1881
  2. McCracken v. . FlanaganNew York Court of Appeals · 1891
  3. Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
  4. McLaughlin v. McCannAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by3 opinions

  1. Cole v. Nash Motors Co.New York Supreme Court · 1928
  2. Partenfelder v. PeopleAppellate Division of the Supreme Court of the State of New York · 1913
  3. Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922

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