Murray v. Barth
The Superior Court of the City of New York and Buffalo
Action by James Murray and others against John C. Barth and others to foreclose a mechanic’s lien. The owner of the property moves to cancel a lis pendens, notice of which was theretofore filed.
1Opinion of the CourtGildersleeve, J.
This is a motion to cancel a lis pendens. The action was brought to foreclose a mechanic’s lien. The defendants, who are the owners of the premises, were allowed to give an undertaking, under subdivision 6, § 24, c. 342, of the Laws of 1885, in discharge of the lien, and an order was granted discharging the same. But the lis pendens which the plaintiffs filed still remains, and defendants now move to have it canceled, claiming that they are entitled to the relief sought, for the reason that they have amply secured the plaintiffs’ rights by the bond which they have filed in discharge of the…
2Cases cited2 opinions
- Beman v. . ToddNew York Court of Appeals · 1891
- Niebuhr v. SchreyerNew York Court of Common Pleas · 1886