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Garfein v. McInnis

Court of Appeals of New York
162 N.E. 73 (1928)


Facts

Garfien (plaintiff) entered into a contract with McInnis (defendant), a resident of Connecticut, to purchase real estate in the State of New York. McInnis breached the contract, and Garfein sued McInnis for specific performance in a New York state court. McInnis was served with the summons and complaint in Connecticut. The state court denied McInnis’ motion to set aside the service on the grounds that it was insufficient to bind him in the State of New York. McInnis maintained his argument and appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lehman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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