Ackerman v. True
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Clarence F. True, from an order of the Supreme Court, made at the New York Special Term, bearing date the 12th day of September,. 1899, and entered in the office of the clerk of the county of New York, denying the defendant’s-motion to cancel the Us pendens heretofore filed in the action.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought for an injunction and to recover damages claimed to be caused by the defendant encroaching upon the street, which encroachment interfered with light, air. and access to certain premises belonging to the plaintiff. In that action a Us pendens has been filed against the defendant’s land adjoining the street where these obstructions exist. The land described in the notice of Us pendens is in no manner affected by the suit and it is perfectly *107clear that it is an abuse of the process of the court to allow such a lis pendens to remain upon its files.
The.motio…
2Cited by5 opinions
- Braunston v. Anchorage Woods, Inc.New York Court of Appeals · 1961
- McManus v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1905
- Starkie v. Nib Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Fisher v. Ingula Builders Corp.New York Supreme Court · 1967
- Fox v. T. E. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926