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Garfein v. McInnis

Court of Appeals of New York

162 N.E. 73 (1928)

Relevant factsFree

Garfein (plaintiff) contracted with McInnis (defendant), a Connecticut resident, to buy New York real estate; when McInnis breached, Garfein sued for specific performance in New York state court and served McInnis in Connecticut. McInnis moved to set aside service, arguing out-of-state service could not bind him in a New York proceeding.

IssueFree

Whether a state court must have personal jurisdiction over a non-resident defendant to grant a binding in rem judgment determining his rights to property located within the state.

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