Lipschutz v. Horton
New York Supreme Court
Motion by defendant Smith to cancel notice of pendency of action and to dismiss complaint, and for other relief. The action was brought to compel the specific performance of an agreement for the sale of real estate.
1Opinion of the CourtScudder, J.
On December 20, 1906, plaintiff filed a notice of pendency of action with directions to the clerk to index the same against both defendants. The summons had not been served on either defendant. On January 22, 1907, the defendant Horton died. Although defendant Smith appears to have been within the State and made no attempt „ to evade personal service of summons, the plaintiff allowed fifty-six days to elapse without making any effort to serve him and, on February 15, 1907, filed another notice of pendency of action which was an exact copy of the first. After the filing of the second notice,…
2Cases cited2 opinions
- Cohen v. RatkowskyAppellate Division of the Supreme Court of the State of New York · 1899
- Levy v. KonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Israelson v. BradleyNew York Court of Appeals · 1955
- Deerfield Building Corp. v. Yorkstate Industries, Inc.New York Supreme Court · 1974
- Shostack v. HaskellNew York Supreme Court · 1921
- Israelson v. BradleyAppellate Division of the Supreme Court of the State of New York · 1954