Breen v. Lennon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Otto F. Degener, 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 New York on the 24th day of August, 1896, denying his motion to cancel the lis pendens filed in the action.
1Opinion of the CourtPatterson, J.
This is an appeal from an order denying a motion made by the-owner of certain real estate situated in the city of New York to *37compel the cancellation of record of notices of Us pendens filed against the premises in a pending action to foreclose a mechanic’s lien. There are certificates appearing in the record signed by the clerk of the city and county of New York stating that all mechanics’ liens filed against the property referred to have been discharged. The moving papers consist of an affidavit showing the filing of a bond to secure the lien of the party opposing this motion, the making…
2Cases cited2 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Beman v. . ToddNew York Court of Appeals · 1891
3Cited by6 opinions
- Sklar & Cohen Woodworking Co. v. OwenAppellate Division of the Supreme Court of the State of New York · 1917
- John Comolli & Co. v. MargoliesNew York Supreme Court · 1927
- Schriefer v. Hewlett Manor Co.Appellate Division of the Supreme Court of the State of New York · 1929
- In re Thornton Apartment Co.New York Supreme Court · 1911
- North American Contracting Co. v. 300 Broadway Realty Corp.New York Supreme Court · 1962
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