Ferber v. Newgold
Appellate Division of the Supreme Court of the State of New York
Appeal by the' defendants, Morris Mewgold and another, from an order of the Supreme Court, made- at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 26th day of April, 1909, denying the defendants’ motion to dismiss the complaint because of an unreasonable neglect to prosecute, and also for an order canceling a lis pendens.
1Opinion of the Court
Laughlin, J.:
The action was commenced on the 15th day of April, 1904, and is brought to have an instrument purporting to be a deed absolute, on its face, declared to be &■ mortgage, and for an accounting and -for a reconveyance of the ' premises. A lis pendens was filed against the premises which are situated in the borough of Manhattan, Mew York, and it remains undischarged. The answer was served on or about the 5th day of May, 1904, and -admits that the instrument was intended as a mortgage and as security for certain indebtedness which the défendants allege has not been paid, and they also…
2Cases cited1 opinion
- Anderson v. V. J. Hedden & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Friedlander v. Roxy Theatre, Inc.New York Supreme Court · 1953
- Walsh v. Ben Riley's Arrowhead Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Williams v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1949