Summary
In Shaw v. Russell, 60 N.Y.2d 922, 471 N.Y.S.2d 40, 459 N.E.2d 149 (1983), the New York Court of Appeals affirmed the Appellate Division's decision to vacate a foreclosure sale for improper notice.
Summary of this case from Federal Home Loan Mortg. v. Dutch LaneOpinion
Decided November 23, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J.
Ronald L. Newell and Garfield P. Raymond for appellant.
Margaret T. Morovich for respondent.
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 proceeding 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, SIMONS and KAYE concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.