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STELLA PACEK and MARY PACEK, as Executrices, etc., of MATTHEW PACEK, Deceased, Appellants, v. HENRY L. FERRAR, Respondent, and Others, Defendants.

Order affirmed, with ten dollars costs and disbursements. Memorandum: No personal service of the summons and complaint in the foreclosure action was made on the respondent Ferrar. The entry of a deficiency judgment against him, therefore, was absolutely void for lack of jurisdiction of his person. The Supreme Court has inherent power to vacate a judgment so entered. (Civ. Prac. Act, § 1083; Matter of Rudgers, 250 App. Div. 359; Matter of Battalico v. Knickerbocker Fireproofing Co., Id. 258; motion for leave to appeal denied, 274 N.Y. 641; Kamp v. Kamp, 59 id. 212.) Nor has Ferrar appeared generally in this action so as to give the court jurisdiction. ( Noble v. Crandall, 49 Hun, 474.) All concur. (The order amends a judgment in a foreclosure action.)

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PACEK v. FERRAR
(Oct 4, 1939)