Nosrep Corp. v. Clinton Securities Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Nosrep Corporation, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of June, 1920, granting the defendant’s motion to vacate an order discharging the lis pendens and discontinuing the action.
1Opinion of the Court
Jenks, P. J.:
The appeal is from an order of the Special Term that vacates an order for discontinuance and for cancellation of a lis pendens *879without costs, obtained by the plaintiff upon an ex parte application. On April 21, 1920, plaintiff filed summons, complaint and lis pendens in an action for specific performance. The summons and complaint were never served upon the sole corporation named as defendant. Defendant served an answer which was duly returned forthwith. On -May 10, 1920, plaintiff obtained the said order upon an affidavit that showed no service of the summons and complaint, an…
2Cases cited5 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Higgins v. FreemanThe Superior Court of New York City · 1853
- Hart v. HartAppellate Division of the Supreme Court of the State of New York · 1903
- Doerfler v. . PottbergNew York Court of Appeals · 1916
3Cited by7 opinions
- Stevenson v. Diamond Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Weber v. WardNew York Supreme Court · 1927
- Marine Midland Bank v. Highgate Hall of Orange County, Inc.New York Supreme Court · 1977
- Erlwein v. Von GerichtenAppellate Division of the Supreme Court of the State of New York · 1959
- Erlwein v. Von GerichtenAppellate Division of the Supreme Court of the State of New York · 1958
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