Legal Opinion
Braunston v. Anchorage Woods, Inc.
New York Court of Appeals
Decided November 16, 1961PublishedCited by 26 opinions
1Opinion of the CourtVan Voorhis, J.
This appeal concerns the construction of section 120 of the Civil Practice Act. Special Term granted defendants’ motion to cancel a notice of lis pendens but on the filing of an undertaking for $10,000. Both sides appealed to the Appellate Division, the plaintiffs being aggrieved by the cancellation of the lis pendens and the defendants by so much of the order as directed the filing of the undertaking as a condition of the cancellation. The Appellate Division reinstated the lis pendens. Only the defendants appeal to this court.
Both Special Term and the Appellate Division considered that the…
2Cases cited14 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Hailey v. . AnoNew York Court of Appeals · 1893
- Schwab v. Whitmore, Rauber & Vicinus Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Leerburger v. Hennessey Realty Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bienstock v. Nista Construction Co.Appellate Division of the Supreme Court of the State of New York · 1929
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Balaber-Strauss v. Town of Harrison (In Re Murphy)United States Bankruptcy Court, S.D. New York · 2005
- E & E HAULING, INC. v. County of Du PageAppellate Court of Illinois · 1979
- Admiral Builders Corp. v. Robert Hall VillageAppellate Court of Illinois · 1981
- Whelan v. BusielloAppellate Division of the Supreme Court of the State of New York · 2023
21 more not listed; retrieve them via the Exa API.