Cimminello v. A. M. S. Corp.

The plaintiffs brought suit for an injunction and for damages against the defendants, abutting landowners, for altering the natural flow of surface waters and depositing them on the plaintiffs’ land, to their substantial injury. On the institution of the action, the plaintiffs filed a lis pendens in the *13land records against the real property of the defendants. The defendant Velardi thereafter filed an “Application . . . for Discharge of Lis Pendens” which the court denied, and from this action on the “Application” he has appealed, assigning error in its denial and in the court’s conclusion…