City of New York v. Alleged Unsafe Building

A motion to cancel the Us pendens filed herein was heretofore denied by Mr. Justice Fitzgerald. It is claimed by the owner, however, that in such prior application cancellation was demanded as a matter of right, while in the present one it is sought by making a deposit of money or the giving of an undertaking, as provided by section 1671 of the Code of Civil Procedure. Assuming, without, deciding, the point in favor of the owner, it clearly appears from a reading of said section that it does not apply to a proceeding such as this one, which is brought under the provisions of the Building…