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SHAW v. RUSSELL

60 N.Y.2d 922 (1983)

Robert C. Shaw, Appellant, v. Walter S. Russell et al., Defendants, and Marine Midland Bank, N. A., Respondent.

Court of Appeals of the State of New York.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Ronald L. Newell and Garfield P. Raymond for appellant.

Margaret T. Morovich for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

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)...

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