Fitzsimons v. Drought
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas P. Fitzsimons and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of Few York on the 18th day of January, 1897, canceling a notice of the the pendency of the action.
1Opinion of the Court
Van Brunt, P. J.:
This action having been brought to recover a judgment affecting the title to real property, under section 1670 of the Code, the plaintiff could file a notice of pendency of action, and this, irrespective of the question as to whether the action was well brought or not. In such a case the court has power to cancel the notice of pendency after the time to appeal from a final judgment in the action has expired, or the court may do so if the plaintiff unreasonably neglects to proceed with the action.
It is undoubtedly true that where a notice of pendency of action is filed in an…
2Cited by4 opinions
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- Brox v. RikerAppellate Division of the Supreme Court of the State of New York · 1900
- Shostack v. HaskellNew York Supreme Court · 1921
- Brox v. RikerAppellate Division of the Supreme Court of the State of New York · 1900