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Dobkin v. Chapman – Case Brief Summary (New York)

In Dobkin v. Chapman, (21 NYS2d 490, 502, 236 NE2d 451, 289 NYS2d 161 [1968]), the Court of Appeals noted that:

"Due process is not, however, a mechanical formula or a rigid set of rules" and that "in modern jurisprudence, the term has come to represent a realistic and reasonable evaluation of the respective interests of plaintiffs, defendants and the state under the circumstances of the particular case"

The Court of Appeals continued in Dobkin that "our law has long been comfortable with many situations in which it was evident, as a practical matter, that parties to whom notice was ostensibly addressed would never in fact receive it" such may occur in some situations where service by publication is permitted (id.) and that the determination must be made upon the facts and circumstances before the court because "what might be inadequate notice in one kind of situation will amount to due process in another" (id. at 503).