MORTGAGEE AFFILIATES CORP. v. JERDER REALTY SERVS., INC.


47 N.Y.2d 796 (1979)

Mortgagee Affiliates Corp. et al., Appellants, v. Jerder Realty Services, Inc., et al., Defendants, and Murray Marcovitz, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1979.


Attorney(s) appearing for the Case

Martin I. Shelton and John B. Grant, Jr., for appellants.

Julius Zizmor for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated by Mr. Justice VINCENT D. DAMIANI in his opinion at the Appellate Division insofar as it relates to the defendant Murray Marcovitz. We would note, however, that when, as here, the statute (Real Property Actions and Proceedings Law, § 1371) and the show cause order expressly...

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