Bienstock v. Nista Construction Co.

From an order granting a motion to cancel a lis pendens upon filing a surety company undertaking, the plaintiff appeals.

Plaintiff and the corporate defendant are owners of adjoining lots. The defendants commenced the erection of a six-story building upon its premises. Incidental to this construction, the defendants excavated underneath plaintiff’s ground, entered upon her premises, and erected thereupon a stone retaining • wall running contiguously alongside the defendant’s land, about seventy feet in depth and approximately twenty inches wide, and constructed up to the level of plaintiff’s…