Summary
In Pacek v. Ferrar (supra), an action in foreclosure, and, therefore, in rem, the court amended the judgment so as to vacate so much thereof as granted a deficiency against the respondent Ferrar, over whose person the court had no jurisdiction.
Summary of this case from Langer v. WiehlOpinion
October 4, 1939.
Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
Order affirmed, with ten dollars costs and disbursements. Memorandum: No personal service of the summons and complaint in the foreclosure action was made on the respondent Ferrar. The entry of a deficiency judgment against him, therefore, was absolutely void for lack of jurisdiction of his person. The Supreme Court has inherent power to vacate a judgment so entered. (Civ. Prac. Act, § 1083; Matter of Rudgers, 250 App. Div. 359; Matter of Battalico v. Knickerbocker Fireproofing Co., Id. 258; motion for leave to appeal denied, 274 N.Y. 641; Kamp v. Kamp, 59 id. 212.) Nor has Ferrar appeared generally in this action so as to give the court jurisdiction. ( Noble v. Crandall, 49 Hun, 474.) All concur. (The order amends a judgment in a foreclosure action.)