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Garfein v. McInnis
New York Court of Appeals
248 N.Y. 261, 162 N.E. 73 (1928)
- Written by John Waller, JD
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
Issue
Holding and Reasoning (Lehman, J.)
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