Legal Opinion
Schuman v. O'Day
New York Supreme Court
Decided August 7, 1959PublishedCited by 2 opinions
1Opinion of the CourtFrank A. Gulotta, J.
This motion, brought on by order to show cause, seeks to vacate a notice of pendency of action upon the ground that the action is not one of those mentioned in section 120 of the Civil Practice Act pursuant to which the lis pendens was filed.
The right to file a lis pendens is statutory and unless the action comes within the terms of the statute the notice will be cancelled on motion. Section 120 provides for the filing of a lis pendens “ In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of real property ”.
*153The complaint alleges that…
2Cases cited10 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Mills v. . BlissNew York Court of Appeals · 1873
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- Parsons v. WyckAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of SabatinoNew York Surrogate's Court · 1977
- Sobieski v. North Division Holding Corp.New York Supreme Court · 1963