NATIONWIDE ASSOCS., INC. v. BRUNNE


216 A.D.2d 547 (1995)

629 N.Y.S.2d 769

Nationwide Associates, Inc., et al., Appellants, v. Elizabeth Brunne, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 26, 1995


Ordered that the orders are affirmed, with one bill of costs.

Due process requires that one be given notice and an opportunity to be heard before one's interest in property may be adversely affected by judicial process. Enforcement of the writ of assistance against one who was not joined as a party to the proceeding would violate due process (see, Gibbs v Kinsey, 170 A.D.2d 1049, citing County Fed. Sav. & Loan...

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